Potential Grounds for a Defective Medication Lawsuit in Illinois

 Posted on March 05, 2024 in Medical Malpractice

As a consumer, you trust that the medications prescribed by healthcare professionals are safe and effective. However, there are instances when pharmaceutical companies release defective drugs that cause serious harm to patients. If this happened to you, an Illinois lawyer can help determine if you have potential grounds to take legal action.

Failure to Warn

A prevalent basis for initiating a defective medication lawsuit is the failure to provide adequate warnings. Pharmaceutical companies bear a legal obligation to furnish comprehensive information regarding the potential risks and adverse effects associated with their medications. This crucial information must be conveyed to healthcare professionals and patients through various means, including labeling, packaging inserts, and other relevant documentation.

The company may be liable if a drug manufacturer neglects to provide sufficient warnings and a patient suffers harm. For example, consider a scenario in which a medication is known to cause severe liver damage, yet the manufacturer fails to include this vital information in the warning label. In such a case, the manufacturer could face legal action in the form of a lawsuit, as their failure to disclose the potential risk directly contributed to the patient’s injuries.

Design Defects

Another potential ground for a defective medication lawsuit is a design defect. This occurs when a medication is inherently dangerous or defective, even when manufactured according to specifications. In such cases, the drug’s design itself is flawed, making it unreasonably dangerous for consumers. If a pain medication is designed in such a way that it causes severe addiction or organ damage, the manufacturer may be liable for any resulting harm to patients.

Manufacturing Defects

Manufacturing defects are another possible basis for a defective medication lawsuit. These defects occur during production, resulting in a medication that deviates from its intended design. Manufacturing defects can include contamination, incorrect ingredients, or improper dosages.

In Illinois, a drug manufacturer can be at fault for injuries caused by a manufacturing defect, whether negligent in the production process. This means that if a patient suffers harm because of a manufacturing defect, they may have a valid claim against the manufacturer.

Misrepresentation

Misrepresentation is another ground for a defective medication lawsuit. This occurs when a pharmaceutical company makes false or misleading statements about a medication’s safety, effectiveness, or potential side effects. Misrepresentation can take many forms, such as exaggerating a drug’s benefits, downplaying its risks, or promoting off-label uses not approved by the FDA.

Drug manufacturers can be held liable for misrepresentation if they make false or misleading statements that cause harm to patients. For example, if a company claims that a medication has no serious side effects when it causes severe adverse reactions, they may be subject to a lawsuit.

Contact an Arlington, IL Medical Malpractice Attorney

If you believe that a defective medication has harmed you, it is crucial to seek legal help from a Rolling Meadows, IL medical malpractice lawyer. These cases can be complex and challenging, requiring a thorough understanding of both medical and legal issues. Call Newland & Newland, LLP at 847-797-8000 for a free consultation.