Types of Dangerous Drug Lawsuits
Dangerous Drug Lawyer Assisting Patients and Their Families
Patients should be able to expect that the medicines they take are safe for use and that there are no defects in the design of the drugs or defects that occur during the phase of manufacture that could cause unnecessary harm. In addition, patients should be able to anticipate that all of the essential warnings concerning risks associated with using the product will be contained in packaging materials and labels for the medication. However, prescription medications and other drugs often cause harm to patients. Dangerous drug claims arise under an area of the law known as product liability law. When a consumer product is defective and causes injuries, the law allows the consumer to file a claim to seek financial compensation for losses. If you or someone you love recently suffered injuries as a result of a dangerous drug, you should discuss your options with a dangerous drugs attorney.
What is a Dangerous Drug?
A dangerous drug is a medication that contains a defect and has the potential to cause injury. Generally speaking, there are three different kinds of defects that can produce a dangerous drug and result in a product liability lawsuit:
- Design defect: there is something defective about the design of the drug, and as such, it is inherently defective and dangerous. It does not matter who manufactures the drug or how carefully it is made.
- Manufacturing defect: a defect occurred during the process of manufacturing the drug.
- Marketing defect: there is nothing inherently wrong with the product, and nothing went wrong during the process of manufacture, but the drug is marketed in a way that fails to warn consumers about certain risks associated with using the drug.
Understanding Iowa Product Liability Lawsuits and Dangerous Drugs
Product liability claims can arise under three different legal theories:
- Strict liability;
- Negligence; and/or
- Breach of express or implied warranty.
Cases that arise under a theory of strict liability do not require the plaintiff to prove negligence. Instead, the plaintiff only has to prove, in a manufacturing defect case for example, that the manufacturer 1) made the product, 2) that it was defective, and 3) that it caused injury. However, it is important to recognize that there are several liability limitations and defenses available to defendants in product liability lawsuits under Iowa law. An Iowa dangerous drug lawyer can help to ensure that you present the strongest case you can in order to be compensated for your injuries.
Learn More from an Iowa Dangerous Drugs Lawyer
When a consumer sustains injuries after using a defective medication, that consumer deserves to seek financial compensation. An aggressive Iowa dangerous drugs lawyer can assess your case today and discuss your options for moving forward with a product liability lawsuit. Contact VanDerGinst Law to learn more about the services we provide to plaintiffs.