Establishing Pharmaceutical Company Liability
Determining liability in a harmful drug case depends on whether the product was inherently dangerous from faulty design or endured manufacturing errors, such as contamination. Marketing defects, or “failure to warn” issues from insufficient labeling also provide grounds for legal action.
A local attorney could build a claim stating the pharmaceutical company did not properly test the design of the drug or issued a product that was contaminated or featured a harmful ingredient. A lawyer could also build a claim stating the company intentionally or negligently withheld information about the harmful side effects of their product, resulting in the patient’s harm.
However, these companies are not always the ones responsible in dangerous medication cases. Healthcare practitioners could be liable if they prescribed a medication without review patient health conditions and allergies resulting in harm to the patient. A pharmacist could be found responsible if they administered the wrong medication, dosage, or failed to keep the drug free of contaminants.