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Products Liability Newsletters

A Manufacturer’s Liability for Drug-Related Injuries

Drugs are inherently dangerous products, which can cause injuries even though precautions are taken to prevent such injuries. Pharmaceutical and medical device manufacturers have a duty to provide information about the effectiveness of a drug and to warn about a drug’s dangers.

Defective Warning Claims

A product is considered defective if it there is a flaw in its design, if it was improperly manufactured, or if the manufacturer failed to provide adequate warnings or directions for its use. The manufacturer has a duty to warn of any known dangers of using a product. There is also a duty to warn of any dangers the manufacturer could have anticipated if the product were misused. This article discusses products liability lawsuits based on warning defect claims.

Manufacturing and Design Defects

Products liability is an area of law that covers personal injuries and damage caused by defective products. A defective product is a product that causes injury or harm because there is a flaw in the product. Sometimes the design of the product makes it defective. Sometimes flaws in the manufacturing process cause a product to be defective. This article discusses manufacturing and design defects in products liability litigation.

Manufacturing Defects

Product liability claims arise when a manufacturer or seller puts a defective product in the hands of a consumer. A product liability claim can be based on a manufacturing defect. A manufacturing defect occurs when there is a mistake in the manufacturing process. That is, the product does not turn out the way the manufacturer planned. A manufacturing defect can occur when one item is made incorrectly, such as a child carrier that is missing a latch mechanism, or when all items of one type are made incorrectly, such as when tires are manufactured with inferior materials.

Pharmacists’ Liability for Improperly Dispensing Prescription Drugs

A pharmacist has three basic duties: to store prescription drugs properly, to prepare prescription drugs properly, and to dispense prescription drugs correctly. If the dispensing pharmacist fails to perform any of these duties, he/she could be held liable if a patient experiences a drug-related injury. This article discusses pharmacists’ liability for the improper dispensing of prescription drugs.