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Pharmaceutical liability claims and defenses

| Sep 12, 2020 | Biotech & Pharmaceuticals |

Because of how serious pharmaceutical liability claims, pharmaceutical companies should know the types of products liability claims they can face. Understanding pharmaceutical liability can help pharmaceutical companies defend themselves against liability claims.

Pharmaceutical companies have a duty to test medicines and drugs according to testing criteria from the Food and Drug Administration (FDA). Even if a drug has been properly tested, if it provides to be otherwise defective, the drug company may still face liability under products liability law.

Unavoidably unsafe products

Some products may be considered unavoidably unsafe products. Products that fall into this category may have some potentially harmful side effects but can be beneficial nonetheless.

Duty to warn

Pharmaceutical drug manufacturers have a duty to warn of the known side effects and potential dangers of their drugs. Pharmaceutical drug manufacturers are not required to warn of dangers of a drug that is not known to them. Additionally, the duty to warn is commonly discharged to a third party such as a medical professional or a pharmacist.

Time lapse issues

At times, because of time that has passed, liability may be difficult to determine. It may be possible for pharmaceutical companies in these situations to defend against a products liability claims on this basis that the pharmaceutical company could not be liable or that others were liable.

Products liability claims are complex and technical which is why pharmaceutical companies need to be prepared with a strong products liability defense to claims made against them. Familiarity with the different types of claims that may be brought against them can help pharmaceutical companies defend themselves in situations when they have taken on the time and cost of developing a pharmaceutical drug.