Many people take prescription medicine in order to alleviate both acute and long-lasting sickness and disease. There is an assumption that the doctors, pharmacists, and drug manufacturers know what is best for their patients and the general public; however, sometimes patients suffer from serious side effects that can cause permanent damage in their lives. This may happen because many drugs and medical devices that are sold are not properly tested before they were sold or they have defects. People who have been harmed by defects are able to file lawsuits for financial compensation.
The seriousness of some side effects caused by prescription drugs caused the Food and Drug Administration (FDA) to put regulations forth on products before they are put on the market. Drug and assistive device manufacturers are bound by law to ensure the safety of the patients who use their products. Unfortunately, manufacturer negligence and laws in the approval process for some drugs has put the public at risk of being injured. This specific harm falls under product liability, which is a special area of law where manufacturers are responsible for protecting consumers by making their products reasonably safe.
In addition, product liability laws have a whole series of stipulations about the goods and services that clients consume. For example, product liability laws require manufacturers to test their products’ safety before they are on the market and then make them liable to the harm caused if people are hurt by the prescription. If you have experienced harm then you can file a product liability claim, which is a process by which you claim injury caused by product defects. In fact, dangerous drugs or faulty medical devices are a majority of product defects.
Product liability claims ultimately fall under three categories; including design defects, marketing defects, and manufacturers defects. Design defects are typically cases in which the court finds that the company should have been able to foresee that the product was going to cause injury due to its design. The manufacturer is often held accountable because he is responsible for producing a good that did not injure the user. Marketing defects are not related to problems with the actual product; however, it is when the manufacturer or others do not give substantial instructions or fail to warn consumers about the risk of using the product. Most products, like microwaves or curling irons, have labels on them to warn users of their danger. The last type of liability claim falls under manufacturing defects, when there are problems that occur while the product is being made. For example, if a company that makes cars accidentally makes one with a faulty engine then a person may have a manufacturing claim.
You may deserve compensation for your injuries and damages caused by a dangerous drug or medical manufacturer defect. Often times, people are able to access compensation when they have experienced ongoing medical treatment for injuries, lost wages, diminished quality of life, the experience of pain or suffering, or the death of a loved one due to product liability. You can contact Solomon Law Group to learn more about getting compensation for your injuries.