Product defects can have a devastating effect on people’s lives. Among the most dangerous defective products are pharmaceutical products. Pharmaceutical drugs are meant to help people overcome certain health issues. They are prescribed by certified physicians, and patients take them at the recommendation of these physicians. Patients generally do not have much say in the types of medication they are prescribed, so it is all-the-more troublesome when there is a defect in these drugs that causes harm to the patient.
Litigation surrounding defective drugs may involve several areas of law, including product liability law, medical malpractice law, and pharmaceutical law. The field most commonly associated with defective drugs is product liability law.
Types of Defects
There are three types of defects with pharmaceutical drugs: manufacturing defects, design defects, and marketing defects. Manufacturing defects include defects that occurred in the process of making the drug. This could be that the drug was contaminated during manufacturing or that the drug was improperly manufactured. Design defects deal with the side effects of the drug. If side effects cause serious harm to users, there may be a claim to file against the pharmaceutical company. Finally marketing defects deal with labels and promotion. If certain side effects are not mentioned in advertising or labeling of the drug, there may be grounds for a claim. Similarly, if the labeling and advertising practices do not adhere to the law surrounding pharmaceutical marketing, there may be a claim.