Strict product liability states require that a product be defective in design or manufacture or that the seller or manufacturer was negligent in warning or instructing the user of the product about a potential hazard. This is different from "no-fault" claims, in which an injured person need only prove that their injury was caused by a "defect," without proving who caused the defect.
Because each batch of drugs is slightly different, manufacturing defects can happen with every batch. This can cause wide-ranging effects, from skin rashes to brain damage.
Manufacturing Defects (Lack of Effectiveness)
The pharmaceutical drug may have been manufactured correctly, but the drug did not work properly and harmed or injured the user.
A failure to warn (defective marketing) is an 1889 Supreme Court decision that prevented American manufacturers of a patent medicine ("Nostrums") from being held responsible for harm resulting from the use of their products unless they first had explicit knowledge of that harm, and failed to warn their customers.
Any party that contributed to or was involved in the drug procurement process may be liable to a plaintiff who has been injured by one of those defective drugs. A plaintiff will have a medical malpractice claim if a hospital or physician that was a co-defendant breached the standard of care applicable to a physician with the training, experience, and specialty of the physician that administered, prescribed, or recommended the drug at issue.
While pharmaceuticals are generally relatively safe, it's important to note that, like any medicine, they generally have known side effects and specific hazards. To prove a defective drug claim, the plaintiff does not need to prove they were improperly or inadequately advised regarding these side effects or what the resulting dangers could be.
Defective drug claims filed in a class-action lawsuit can be dealt with quickly. In a class-action lawsuit, many people can be joined together in one lawsuit rather than filing separate claims.
