• Home
  • About Us
    • David Bressman – Attorney
    • Thomas F. Martello, Jr. – Attorney
    • Jedidiah Bressman – Attorney
    • Karen Bressman – Paralegal
    • Scholarship
    • Safe Roads Policy Scholarship
  • Cases We Handle
    • Car Accidents
    • Truck Accidents
    • Bike Accidents
    • Bus Accidents
    • Motorcycle Accidents
    • Product Liability
    • Dog Bites
    • Traumatic Brain Injury
    • Wrongful Death
  • Areas We Serve
    • Dublin
    • Cincinnati
    • Columbus
    • Grove City
    • Gahanna
    • Hilliard
    • Marion
    • Marysville
    • Ohio
    • Powell
    • Worthington
  • Case Results
  • Testimonials
    • Ohio Uninsured Drunk Driver Case Study
  • Resources
    • Blog
    • FAQs
    • Glossary
    • Press Releases
    • Free Book
    • Blog Archive
  • Contact Us
Bressman Law
Call Us Today: (614) 538-1116
  • Home
  • About Us
    • David Bressman – Attorney
    • Thomas F. Martello, Jr. – Attorney
    • Jedidiah Bressman – Attorney
    • Karen Bressman – Paralegal
    • Scholarship
    • Safe Roads Policy Scholarship
  • Cases We Handle
    • Car Accidents
    • Truck Accidents
    • Bike Accidents
    • Bus Accidents
    • Motorcycle Accidents
    • Product Liability
    • Dog Bites
    • Traumatic Brain Injury
    • Wrongful Death
  • Areas We Serve
    • Dublin
    • Cincinnati
    • Columbus
    • Grove City
    • Gahanna
    • Hilliard
    • Marion
    • Marysville
    • Ohio
    • Powell
    • Worthington
  • Case Results
  • Testimonials
    • Ohio Uninsured Drunk Driver Case Study
  • Resources
    • Blog
    • FAQs
    • Glossary
    • Press Releases
    • Free Book
    • Blog Archive
  • Contact Us

Home » Blog » Product Liability » Filing a Product Liability Claim against a Drug Manufacturer

Filing a Product Liability Claim against a Drug Manufacturer

Posted on: July 23, 2015

Filing a Product Liability Claim against a Drug Manufacturer
drug, medication, side, patient, manufacturer, claim, liability, product, drugs, file

The products produced by drug manufacturers are supposed to help, not hurt, consumers. Unfortunately, every year there are new drugs that make it to market that cause unintended side effects that can be fatal. If your loved one was made ill, disabled, or killed by a medication, you might have the right to file a liability claim against the drug’s manufacturer.

When the Drug Manufacturer Can Be Held Liable

Whether a drug is an over-the-counter medication or a prescription does not matter in a product liability claim. When a drug is made available to consumers, it could be considered as dangerous in a product liability claim. For instance, Johnson & Johnson has been taken to court recently over claims that its talcum powder causes ovarian cancer.

While females using the product in their genital area is not listed as a use on the product packaging per se, it isn’t illogical that consumers would use it as such and the company may be facing fines.

For a free legal consultation, call (614) 538-1116

One of the first questions to ask in a dangerous drug claim is how the patient obtained the drug.

If the patient is filing a complaint because of an over-the-counter medication, it’s typically the drug manufacturer that is liable for the damages. No intermediate party that could have stopped the patient from taking the medication if there were a known risk of harm.

When You Can and Cannot File a Claim Against the Drug Manufacturer

When the medication caused a side effect solely because of the contents of the medication and not the error of a pharmacist or physician, the manufacturer can be held liable. However, there are some prescription drugs that produce known side effects and are still sold and used.

Drugs that help but can also hurt are “unavoidably unsafe” products which are drugs that are still beneficial to the patient regardless of the side effects. If you come to harm from one of these types of drugs that have clear warnings of the side effect risks, you may not have the ability to file a product liability claim.

Some examples of when a drug manufacturer may NOT be liable for damages suffered from a medication include the following.

  • The patient did not follow instructions for proper use and storage of the medication.
  • The patient’s doctor failed to check for drug interactions or patient allergies.
  • A nurse or pharmacist gave out an improper dose of the medication was administered.
  • A mistake was made in mixing prescriptions at the pharmacy.

Click to contact our personal injury lawyers today

Don’t File a Claim Against a Drug Manufacturer Alone

Product liability claims are complex legal cases that put you, the consumer, up against large corporations with extensive legal teams. These are not the types of legal situations to handle without an attorney on your side. Attorney David Bressman of Bressman Law could help your family determine if you have a product liability case against a drug manufacturer if your loved one suffered severe or fatal injury due to a dangerous medication.

Contact the office today to schedule a FREE consultation regarding your rights to recovery if a medication caused a damaging or deadly side effect in your loved one. Call today: (614) 538-1116.

Call or text (614) 538-1116 or complete a Free Case Evaluation form

Share
Tweet
Share

Product Liability Blog Posts:

Work Injury Lawyer Explains Workplace Incidents
Work Injury Lawyer Explains Workplace Incidents

Most people spend at least half of their waking hours on the job. Personal injuries are bound to happen. In fact, over 3 million workers were non-fatally injured on the job in 2013, according to

Do testosterone replacement products like AndroGel increase risk of heart attack or stroke?
Do testosterone replacement products like AndroGel increase risk of heart attack or stroke?

Medical treatments for men with low testosterone ("low T") have become increasingly popular in the drug markets over the past two decades. As with any advances in medicine, the long-term effects of

Can I file a lawsuit if I believe talcum powder caused my ovarian cancer
Can I file a lawsuit if I believe talcum powder caused my ovarian cancer?

You've seen or heard of your male friends doing it: applying some talcum powder to their privates to absorb sweat and odor. They've been doing it for years, and you've seen no problem. So, women

When is a Tire Manufacturer Liable for Accidents Caused by Faulty or Defective Tires
When is a Tire Manufacturer Liable for Accidents Caused by Faulty or Defective Tires?

Drivers in Columbus probably were not surprised when a recent study by the Texas A&M Transportation Institute found Columbus to have the worst traffic in Ohio. Because of its central location and

    Free Case Evaluation





      Scholarship
      Application Form

      Mailing Address

      Contact Details

      Academic Information


      YesNo

      Academic Requirements



      Authorization*

      I hereby certify that all information provided is true, complete and correct.


      Click Here to Chat Live - 24/7
      Dublin Location
      5186 Blazer Pkwy
      Dublin, OH 43017
      Phone: 614-538-1116
      Cincinnati Location
      9435 Waterstone Blvd #130
      Cincinnati, OH 45249
      Phone: 513-434-1818
      Columbus Location
      255A E Livingston Ave
      Columbus, Ohio 43215
      Phone: 614-538-1116

      Categories

      • Back Injury
      • Bicycle Accidents
      • Burn Injuries
      • Bus Accidents
      • Car Accidents
      • Construction Accidents
      • Distracted Driving Accidents
      • Dog Bites
      • Head Injury
      • Motorcycle Accidents
      • Pedestrian Accidents
      • Personal Injury
      • Premises Liability
      • Product Liability
      • Rear End Collisions
      • Recover Compensation
      • Slip and Fall Accidents
      • Traumatic Brain Injury
      • Truck Accidents
      • Wrong-Way Accidents
      • Wrongful Death

      Frequently Asked Questions

      If I’m in an Accident Involving a Car and Semi-Trailer, and the Truck Is at Fault, Should I Settle?

      If I’m in an Accident Involving a Car and Semi-Trailer, and the Truck Is at Fault, Should I Settle?
      Truck Accidents

      I’ve Been to the Emergency Room, Now What?

      I’ve Been to the Emergency Room, Now What?
      Dublin Personal Injury Lawyer

      Should I Tell My Insurance Company About a Minor Accident?

      Should I Tell My Insurance Company About a Minor Accident?
      Car Accidents

      Find A Personal Injury Lawyer Now!

      • Hilliard Personal Injury Lawyer Near Me
      • Columbus Personal Injury Lawyer Near Me
      • Dublin Personal Injury Lawyer Near Me
      • Newark Personal Injury Lawyer Near Me
      • Grove City Personal Injury Lawyer Near Me
      • Cincinnati Personal Injury Lawyer Near Me
      • Gahanna Personal Injury Lawyer Near Me
      • Upper Arlington Personal Injury Lawyer Near Me
      • Westerville Personal Injury Lawyer Near Me
      • Marion Personal Injury Lawyer Near Me
      Latest Blog Posts
      • Meet Grace Traina, Bressman Law Safe Roads Policy Scholarship Recipient
      • What Are My Legal Options If a Semi Truck Hit Me?
      • Tips to Stay Safe While Driving on I-270 in Ohio

      Contact Us For a Free Case Evaluation



        Dublin Location
        5186 Blazer Pkwy
        Dublin, OH 43017
        Phone: 614-538-1116
        Dublin Location
        Union County
        Cincinnati Location
        9435 Waterstone Blvd #130
        Cincinnati, OH 45249
        Phone: 513-434-1818
        Cincinnati Location
        Columbus Location
        255A E Livingston Ave
        Columbus, OH 43215
        Phone: 614-538-1116
        Columbus Location
        David Bressman Law
        Follow Us On:

        Message Us on Facebook | Disclaimer | Site Map