When individuals suffer harm due to dangerous drugs or defective medical devices, they have the right to seek compensation through the legal system. Pursuing a lawsuit for drug and device injuries involves several key steps:

• Consultation with an Attorney: The first step is to consult with an experienced personal injury attorney who specializes in product liability cases. The attorney will evaluate the details of your situation and determine the strength of your claim.
• Investigation and Gathering Evidence: Once you hire an attorney, they will conduct a thorough investigation to gather evidence supporting your case. This may involve reviewing medical records, consulting expert witnesses, and examining the manufacturing and testing processes of the drug or device in question.
• Establishing Liability: In a drug or medical device injury lawsuit, the burden of proof rests on the plaintiff to establish that the manufacturer or other parties involved were negligent. This can be done by demonstrating design defects, inadequate testing, failure to warn of risks, or other forms of negligence.
• Filing the Lawsuit: With sufficient evidence and a clear understanding of liability, your attorney will file a lawsuit on your behalf. This initiates the legal process and formally brings your claims against the responsible parties.
• Compensation and Damages: If your lawsuit is successful, you may be awarded compensation for various damages, including medical expenses, lost wages, pain and suffering, emotional distress, and other losses resulting from the drug or device injury.

Determining Liability for Drug and Device Injuries

Determining liability for pharmaceutical drug and medical device injuries can be a complex legal process. Manufacturers of these products have a duty to appropriately test their drugs and devices. If a patient suffers harm due to a defective drug or device, they may have a product liability claim against the manufacturer or other parties involved in the chain of manufacture. 

Liability for drug or medical device injuries can be based on negligence, strict liability, or breach of warranty. There are three types of product defects that can result in liability: design defects, manufacturing defects, and defects in marketing. Design defects occur when a product’s design is inherently dangerous, while manufacturing defects occur during the production process, making the product different from its intended design. Defects in marketing refer to inadequate warnings or instructions accompanying the product.

One important legal concept in pharmaceutical and medical device liability cases is the “learned intermediary” doctrine. This doctrine states that if the manufacturer provides adequate warnings to the treating physician, they are not responsible for any injuries caused by the drug or device. The rationale behind this doctrine is that the treating physician is in the best position to communicate warnings to patients and make treatment decisions. 

However, the learned intermediary doctrine does not absolve the manufacturer of all liability. If it can be shown that the manufacturer failed to provide adequate warnings or instructions to the physician, they may still be held responsible for any resulting injuries. Determining liability in pharmaceutical and medical device injury cases often requires a thorough investigation of the facts, expert testimony, and an understanding of the relevant laws and legal precedents. That is why finding the right product liability attorney is so important.