Each year, defective drugs cause an unfortunate amount of injuries in the United States. Drug designers and manufacturers have an obligation to ensure the safety of consumers who take the drugs properly. If they neglect to do so, it is justifiable that they are held accountable through a defective drug injury case. Read on to learn if you are eligible for a claim and how one of the seasoned Santa Clara County defective product attorneys at the Law Offices of Brian J. O’Grady can help guide you through your legal matter.
What are the different types of defective drug injury cases?
If you were injured by a drug while taking it according to safety guidelines, it is important that you identify where the negligence occurred so as to hold the correct party liable.
The two most common types of drug defects are design and manufacturing defects. A design defect can occur when the design of the drug itself is the cause of the injury. For your claim, you must prove that there was an obviously safer, equally practical, and economically feasible design option that would not hinder the drug’s usability.
A manufacturer defect is negligence that occurred in the process of creating the drug itself. For your claim, you must prove that there was a divergence in drug design guidelines done to either cut corners or save money that makes the drug become unsafe.
If there was improper labeling or failure to provide drug warnings, you also may have a case. This is because manufacturers must include written warnings about potential hazards and instructions on how to use and not use the drug in the packaging. For your claim, you must prove that there was no clear marketing present to prevent the accident from occurring.
How do I prove negligence in my defective drug injury claim?
To secure a successful defective drug injury claim, it is important to preserve the defective drug in question, so long as it will not impose harm on others. If this is not doable, at the very least, you should take a photo of the drug, the packaging, and the damage it inflicted. This is a critical piece of physical evidence that will aid your burden of proof and ultimately determine if there was a design defect, manufacturer defect, or failure to warn.
If you have any remaining questions about how to prove negligence in your claim, do not hesitate in reaching out to one of the knowledgeable Santa Clara County defective product attorneys who will help you collect the proper evidence.
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When someone is wrongly injured in an accident, they often require financial compensation to heal. Contact the Law Offices of Brian J. O’Grady today to learn how we can help.