What factors make a drug defective? | Bart Durham Injury Law

What factors make a drug defective?

Both prescription and over-the-counter drugs play a large role in helping the population stay healthy. From medicines that regulate blood pressure to life-saving drugs that prevent heart attacks or strokes, there is no question that Tennessee residents place a high value on their medications.

Most people trust that proper steps have been taken to ensure the safety of these drugs. Largely, this trust is warranted, but sometimes it is not. You have probably seen evidence of this misplaced trust in television ads or news reports about people who have suffered harm from medications.Many people wonder how drugs are found to be defective or harmful.

Sometimes, drugs cannot be made 100 percent safe, but their benefits for those who are ill may outweigh their risks. These may not be candidates for a products liability claim.

In order for a drug to be deemed defective, it must fall into one or more of three defective products criteria. These are:

Defective design: This occurs if the drug is designed in a way that could present a risk of harm when a safer design option was available.

Defective marketing: This means the drug was marketed to the public without adequate warnings or instructions about its foreseeable risks.

Defective manufacturing: This occurs when both the design and marketing was adequate, but the manufacturing itself was flawed, causing injury to users.

Dangerous or defective drugs fall into a tricky area of products liability. However, with the right legal counsel, it is possible for those who have been injured by these medications to secure a legal remedy that will help them find closure and financial compensation.

Source: FindLaw, "What Is an Unavoidably Unsafe Product?," accessed Dec. 15, 2016

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