Defective Drugs – Pharmaceutical Litigation

Drug manufacturers can be held responsible for selling defective drugs. Once a defective drug has been pinpointed or pulled from the market, people who took these drugs can seek compensation or other damages from the drug maker. The responsibility of the drug maker is broad and one of the responsibilities is the duty to exercise reasonable care in the creation and manufacturing of a drug. The obligation of the manufacturer is to provide a safe product; this includes labeling, inspection and design.

Although patients can sue the drug maker as individuals, proving that the drug maker is responsible for a defective drug can be complicated and expensive. In many cases, the defective drug has most likely harmed other patients and this opens the way for a class action lawsuit, which may be the more effective solution for patients to get justice against a drug maker. A class action suit is a lawsuit in which numerous plaintiffs have similar complaints against the same company. In a class action suit there is one judge and one settlement to cover all plaintiffs. Such a suit may be beneficial for those do not have the financial resources to mount a lawsuit on their own. In a class action suit, all the plaintiffs share the cost of litigation, as well as the settlement.