When medications cause unexpected harm, the issue may come from a pharmaceutical defect. These defects can affect how a drug works, how it is labelled or how it was made.
Not all medication problems lead to legal claims, but some can form the basis of a personal injury case. Below are common types of pharmaceutical defects.
Defective manufacturing
This type of defect happens during the production process. It could be due to contamination, the wrong dosage or a packaging error. For example, a pill may contain too much of the active ingredient or be tainted with another substance. If the defect causes harm to someone using the drug as directed, there may be grounds for a personal injury claim.
Defective design
Some drugs are dangerous even when made correctly. A design defect means the medication has a flaw in its formula that creates a risk for all users. For example, a drug that causes severe heart issues in a large number of patients may have a design defect. If safer alternatives were available but not used, this may increase the chances of a successful claim.
Failure to warn
This occurs when a drug lacks proper instructions or warnings. If side effects are known but not disclosed, or if the label fails to explain how to use the medication safely, harm may result. An example could include a painkiller that increases the risk of addiction but fails to include a clear warning.
A personal injury claim may be possible when a defective drug directly causes harm. The outcome often depends on the facts of the case, including how the injury happened and whether the defect can be proven.
