Cubbon & Associates
When a medication is a defective product
You may need to take medication every day in order to live your best life in Ohio, and your doctor has worked with you to determine which drugs will have the best outcome for you. If you stopped to worry about whether each pill is safe, your days may be fraught with anxiety. When a defective drug does cause an injury, we at Cubbon & Associates Co., L.P.A., often work with the victim to build a product liability case and file a lawsuit to hold the responsible parties liable.
Although people suffer side effects and adverse events from medications all the time, not every incident is the fault of the manufacturer. Only those products that are defective can be the focus of litigation.
FindLaw notes that there are three types of product defects. For example, maybe the company that came up with the formula for a medication did not accurately determine the right amount of an ingredient. That is a design flaw. On the other hand, if the company had the right formula, but one batch of the medication became contaminated by bacteria during production, that is a manufacturing defect. If the medication has side effects when taken with another drug, but that information is not included in the product warnings, that would be a marketing defect.
Say you took the medication and suffered liver damage. Is that the manufacturer's fault? It may not be if the doctor did not diagnose you correctly, or if the pharmacist did not provide you with the correct dosage information. In these cases, another type of claim, such as medical malpractice, may be relevant instead of product liability.
More information about defective products is available on our webpage.