Dangerous Drugs & Product Liability

The pharmaceutical industry makes billions of dollars each year, and millions of Americans use prescription drugs and over the counter medications each day. Although these drugs are intended to help people, what can victims do if they actually cause more harm?

If you have been injured by a pharmaceutical drug, you may be able to seek compensation through a product liability claim. There are three main types of defective product claims filed for dangerous drug injuries.

Pharmaceutical drugs with manufacturing defects.
These claims involve injuries caused by pharmaceutical drugs that have been manufactured improperly or tainted in some way. The defect can occur when the drug is manufactured, at the pharmacy where the drug is bottled, when the drug is labeled, or any other situation in which an error is made before the victim received the drug.

Pharmaceutical drugs with dangerous side effects.
These claims involve injuries caused by pharmaceutical drugs that have serious side effects that cause injury, despite being manufactured properly. In some cases, the manufacturer knew of the dangers but concealed them; in others, the drug was on the market for a while before it is discovered that the drug caused or increased the risk of certain injuries, such as heart attacks.

Pharmaceutical drugs that are improperly marketed.
These claims involve injuries caused by drugs that have incorrect or incomplete marketing. The marketing of a drug refers to the instructions, warnings, and recommendations for the product. Victims may be able to take legal action if they were injured because of a failure to provide adequate instructions about the safe use of the drug or the failure to provide accurate and complete warnings about possible dangerous side effects of the drug.

Can I file a product liability claim for my injuries?

Dangerous drug cases often involve a combination of these different types of defective product claims. To take legal action and pursue compensation for your injuries and losses, your attorney must prove the following in your product liability case:

1. You suffered injury or illness;
2. The drug you used was defective or marketed improperly, which includes any dangerous side effects that you were not warned about; and
3. The defect or improper marketing caused your injury or illness.

Don’t hesitate to speak with a knowledgeable products liability lawyer if you were harmed by a pharmaceutical drug. Our experienced team at De Castroverde Law Group can help you understand your legal options and assist you in seeking justice. Visit the Dangerous Drugs page on our website for more information.

Space Heater Causes Henderson House Fire

Four people and one pet were displaced from their home in Henderson this past weekend after their space heater caught the house on fire. The fire is believed to have started after the space heater was left unattended in the home.The Henderson Fire Department responded to the blaze around 1:00 p.m. at a two-story home near Arroyo Grande Boulevard and Sunset Road. Firefighters saw smoke rising above the roof and quickly tried to squelch the flames. The fire was located in the second-floor bathroom and promptly extinguished. 

No one was home at the time of the fire and there were no injuries; however, the fire caused significant property damage. The fire department estimates that repairs on the home will cost approximately $50,000. Henderson fire investigators have determined that the fire was a complete accident and was solely the result of the unattended space heater.

Space Heaters and Products Liability 

In recent years, space heaters have caused countless fires throughout the country, even leading the products to be banned in most workplaces. If a fire is caused by a space heater and there was no warning on the product, or if the space heather malfunctioned due to a design or manufacturing defect, then the manufacturer could be held liable for any resulting damages.

Victims of defective products are able to seek financial compensation for their injuries and losses under products liability law. There are three main types of defects recognized by products liability law: manufacturing defects, design defects, and the failure to adequately warn or instruct.

• Manufacturing Defects: the product is defective because some sort of error occurred while it was made, and as a result the product is different than the rest.
• Design Defects: the product’s design is inherently dangerous, and the defect is not the result of a manufacturing error.
• Failure to Adequately Warn or Instruct: the manufacturer fails to provide consumers with adequate warnings about the risks presented by the product or fails to provide instructions about the proper use of the product.

If a victim can prove that their injuries were caused by one of the aforementioned defects, they can file a claim against the manufacturer for compensation.

To learn more about defective product claims, visit the Products Liability page on our website.