Defective Drug Products Liability Lawsuits

People take prescription drugs because they are supposed to heal our diseases and make us feel better when we are ill. But sometimes the drugs we take to improve a health condition cause harm to our bodies. These defective drugs cause injury and harm to the thousands and even millions of people who take them. Some of the people who become ill file products liability lawsuits against the drug manufacturer to compensate them for their pain and suffering and medical expenses. The lawsuits can also serve to penalize the drug maker so that they correct the problem and make sure that no one else is injured in the same way.

Products liability claims for dangerous drugs

Drug manufacturers owe a duty of care to the consumers of their products to produce products that are safe and effective. They are also obligated to test their products to make sure that they are free of defects. Consumers can file products liability claims when a defective drug causes illness or injury.

Categories of products liability claims include:

• Design defects. An inherent flaw in the product’s design that makes it dangerous
• Manufacturing defects. The error was introduced in the manufacturing process
• Failure to warn. The drug manufacturer can be held liable for the failure to warn consumers

about the inherent danger associated with the product.

Examples of defective drug lawsuits going on right now

There are a number of defective drug lawsuits being held in courtrooms throughout the country. Some of those lawsuits include drugs like:

• Actos
• Benicar
• Crestor and other statins
• Pradaxa, Eliquis and other anticoagulants
• Januvia/Janumet
• Lipitor
• Propecia
• Victoza
• Zofran
• Sodium-Glucose Co-Transporter drugs for persons with Diabetes, including Invokana, Farxiga, Jardiance, Invokamet, Xigduo, Glyxambi

Class actions lawsuits

When a person has been injured by a dangerous drug, it is likely that there are also thousands of other consumers who have taken the drug and received similar injuries. Some of those people might band together and file a class action which involves claims with common issues of law and fact by a group of people who share the same defendant in common. Either an individual or a small class representing the larger class files a complaint in state or federal court, and they request that the court certify the lawsuit as a class action. The representative plaintiff’s claims are typical of the class’s claims.

The benefits of a class action include:

• Stronger negotiating position
• No risk involved in legal fees
• Consolidated several court actions into one thereby conserving court time and resources

The disadvantages of a class action include:

• Class actions generally take longer to resolve
• Individuals who participate generally must give up their right to file an individual lawsuit
• When the case succeeds, the members of the class usually get only minimal recovery

Multi-district litigation (MDLs)

When several plaintiffs are filing personal injury claims for the same defective drug it can cause gridlock in the local courts. MDLs are a way of centralizing several cases with a single judge to make the process more efficient. MDLs group cases with similar issues of law or fact together for discovery, pre-trial hearings, the scheduling of trials and settlement conferences.

Multi-district litigation lawsuits are still individual lawsuits. They are not consolidated together with a common outcome and shared settlement as with class actions.

The main disadvantage of MDLs is that after the pre-trial proceedings have concluded, the cases are sent back to the original jurisdiction. This means that a new judge must take the time to develop an understanding of all the issues involved in the case before the proceeding can begin.

Questions about whether a case should be handles as a class action or as part of a MDL along with all of the other complex legal questions involved in a products liability lawsuit are best considered by an experienced attorney.

If you have some questions about a products liability case, contact a South Carolina mass torts attorney at McGowan, Hood, Felder & Phillips, LLC today to schedule a no obligation consultation today.