When we are sick, we trust the medication given to us to relieve our pain. However, some situations arise where prescribed drugs cause more harm than good.
When you or someone you love has suffered due to a dangerous medication, the path to justice starts with understanding your rights as a patient. Our Indiana defective drug lawyers represent clients who have been harmed by faulty pharmaceutical products.
Our dedicated personal injury attorneys evaluate the facts of your case to determine the liable parties to file a claim against, such as the distributor, manufacturer, or others involved. We also investigate the circumstances surrounding a drug, including how it was tested, marketed, and distributed.
If a settlement cannot be reached, we could represent you in court proceedings, including discovery, pre-trial motions, trial preparation, and advocacy. Contact us today to learn how our team could help you obtain compensation.
Types of Drug Defects in a Liability Claim
Indiana Code establishes who can be named as a defendant, the types of defects that give rise to liability, and the defenses that can be used. There are three types of flaws that can lead to a drug liability case.
Manufacturing Defects
The first liability is a manufacturing defect, which occurs when a product comes out differently than its intended design specification, potentially making it dangerous. This type of flaw typically affects only one or a few items in a line.
Design Defects
The second type of fault is in the design. Even if a drug was manufactured according to specifications, the flaws are inherent in the blueprint, making the entire merchandise line hazardous.
Marketing Defects
Lastly, there is a failure to warn or provide adequate instructions about the risks and dangers associated with a product’s use. For example, a new drug for a medical condition might increase the risk of birth defects, but is not stated on the warning label.
Strict Liability in Defective Drug Cases
The doctrine of strict liability, used in faulty product cases, makes it so a claimant does not have to prove a defendant’s negligence. They must only show an item was faulty and its defect caused injuries.
Defenses that pharmaceutical companies might use to lower their liability for an incident include:
- Assumption of risk by the plaintiff
- Misuse of the drug
- Failure to file the case in time (violating the statute of limitations)
Navigating any of these defenses used by a defendant can be challenging. A dangerous drug attorney in Indiana could provide more information on liability laws and where they apply.
Class Action Suits for Defective Medications
In some cases, the same defective drug may have harmed multiple people. Rather than filing hundreds or even thousands of individual claims, a class action allows members to join as claimants of the same lawsuit. In addition, one or more plaintiffs may represent the entire class. Before a class action can proceed, the court must certify the class by proving:
- The class contains numerous plaintiffs
- There are common questions of law and fact
- The representative plaintiff’s claims are typical of the class
- The representative plaintiff can adequately represent the class
These types of suits have complicated processes that our seasoned defective drugs lawyers in Indiana could help manage.
Get in Touch With a Compassionate Defective Drugs Attorney in Indiana
When corporate negligence jeopardizes your well-being, you deserve legal justice for the injuries you sustain. A hardworking Indiana defective drugs lawyer understands the details involved in state statutes, case law, and legal procedures.
Our attorneys could ensure that your rights are protected and your interests are served throughout the legal process. For peace of mind, please call The Law Offices of David W. Holub today to book your introductory case consultation.