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A brief overview of liability for defective drugs

Without a doubt, residents of Illinois rely on prescription medication to keep them healthy and full of life. When something is wrong with these medicines, it can devastate entire families by causing serious injury, illness or death. Unfortunately, the problem of defective drugs has become a nationwide issue, leaving victims wondering what, if anything, they can do to become whole once more.

In many cases, nothing can repair the damage caused by defective drugs; however, seeking a legal solution can help victims in the form of financial compensation. Perhaps more importantly, taking action promotes legislative change, making pharmaceutical products safer for everyone. This post contains a brief overview of key liability issues surrounding defective drugs.

Unavoidably unsafe: Some medications exist that cannot be made completely safe. However, these medicines provide many benefits despite unsafe side effects. In such cases, it can be difficult to seek a liability action unless the product did not provide adequate warnings about its potential health risks.

Duty to warn: Drug manufacturers have a legal duty to warn patients about any potential health or injury risks that may occur from using the medication. If the manufacturer fails in this duty, victims may have good grounds to hold the manufacturer liable for illness, death or injury.

Time lapse issues: Sometimes, medical problems arise from the use of defective drugs after the patient was given the medication. For example, a child may suffer birth defects or developmental delays because his or her mother ingested a defective drug while pregnant. It is possible to find a legal remedy in such situations, but the victims will likely need assistance from a legal professional to achieve success.

Source: FindLaw, "Pharmaceutical Drug Liability," accessed Aug. 24, 2017

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