Thursday, December 22, 2016

Bring About A Claim Against Pharmaceutical Company For Defective Products

There have been many product liability claims against the pharmaceutical companies for drugs that produced dangerous side-effects. The patients have claimed that they have not been sufficiently warned about the dangerous side-effects by the manufacturer, pharmacy or the treating physician. If you are a patient who has been injured by the pharmaceutical drug, you have used, then you are entitled to make the defective product claim with the help of an Injury Lawyer in Barrie.

The product liability related to Pharmaceutical drugs is treated under tort laws, as defective products and have key considerations. If you want to make the pharmaceutical drug claim, then you should be aware of the different types of claims. This is important because your Injury Lawyer in Barrie will have to fix the responsibility in order to claim the damages.  There are broadly speaking, three types of pharmaceutical drug based product liability claims:

•    The claims where there is defect in the manufacturing of the pharmaceutical drugs
•    The claims where there is no manufacturing defect but the pharmaceutical drugs have dangerous side-effects
•    The pharmaceutical drugs have not been properly marketed or vital issues have not been properly explained.

Defective manufacturing of the pharmaceutical drugs

As your pharmaceutical Injury Lawyer in Barrie will explain to you, in this type of claim, the pharmaceutical drugs have been tainted or there has been an error during the manufacturing of the drug. This error can be at any level of manufacturing or at the time of bottling. There could be an error in labeling or during the shipping. In this type of claims, usually, only a particular batch is affected.

Side-effects of Pharmaceutical drugs

In this type of claim, there has been no error or taint during the manufacturing process, bottling or shipping. The pharmaceutical drug has been in the market for some time and statistically, it has been discovered to cause or increase a certain type of injury or harmful effects. If your Personal Injury Lawyer in Barrie can prove that the manufacturer knew about the harmful effects but was concealing it deliberately, then you can claim higher compensation through higher punitive damages.

Improper marketing of the pharmaceutical drugs

The marketing of the pharmaceutical drugs entails instructions, recommendations and warnings about the use of the particular pharmaceutical drug. In this category of claims, the injuries or harmful side-effects have been caused due to the failure to provide adequate information. This can be in the form of:

•    Failure to issue accurate or adequate warnings about the dangerous side-effects of the drug
•    Failure to issue accurate or adequate instructions about the appropriate and safe use of the pharmaceutical drug
•    Failure to give accurate information about the drug interactions with the other medicines.

This failure of giving accurate information could be by the manufacturer, the sale representative, the pharmacist or the treating physician.

You must always remember that in the defective pharmaceutical product lawsuit, your personal Injury Lawyer in Barrie may have to include a combination of claims against multiple defendants. For more information visit Our Website