Defective Products

Understanding Defective Drugs Cases in Massachusetts

Medicines are meant to cure us, not cause us harm. We trust our doctors to prescribe medications that are safe for us to take as directed. Unfortunately, this is not always the case. Unwanted and unanticipated side effects and outcomes can lead to serious and life-threatening injuries. If a defective or dangerous drug is responsible for your injury, you may be entitled to compensation.

At our law firm, we understand the importance of defective drug cases and the potential danger they pose. If you or a loved one has been affected by a possible defective drug, our experienced defective drug liability attorney is here to help. To understand the options available to you and if you have a viable defective medicine claim, schedule a consultation with us at 617-821-5856 or fill out our online contact form.

What Constitutes a Defective Drug Claim in Massachusetts?

A defective drug claim can arise when a pharmaceutical drug, whether through a prescription or purchased over the counter, does not do what it is intended to do, and often can produce unwanted and harmful results.   There are many types of defective drug cases, and each requires a unique approach to prove liability.

The three main theories to prove liability in a defective drug case include strict liability, breach of warranty, and negligence. 

Strict Liability

In some instances, a person injured by a defective drug may be able to bring a claim against a drug manufacturer via a theory of strict liability. Strict liability means that you do no need to prove if the manufacturer acted negligently or not, you only need to prove that your injuries were caused by a defect in the drug.

Breach of Warranty

This theory is akin to a breach of contract case. One can sue either on an express or implied warranty. An express breach of warranty by a drug manufacturer is a warranty the drugs will work in a particular way. An implied warranty is an implicit promise that the drug or product is safe and effective for its intended use. 

Negligence

A victim may be able to sue a drug manufacturer under the theory of negligence if they can prove that the manufacturer knew or should have know about the potential dangers of the drug, and the drug caused such injuries. In such cases the manufacturer could be liable under a theory of negligence and provide compensation. 

Examples of Drug Defect Cases

Defective drugs are a widespread problem, and a single defect can affect many people at once. Class-action lawsuits are common in defective drug cases, and drug companies often pay out settlements of millions of dollars. Some drugs and issues that have been the subject of litigation because of claims that they are defective and dangerous include:

  • Ozempic as severe gastrointestinal issues like gastroparesis.
  • Suboxone film as a cause of severe tooth decay and loss 
  • Tylenol as Autism 
  • Hair relaxer as uterine, endometrial and ovarian cancer
  • Talcum powder as a cause of cancer
  • Toxic baby food as ADHD or autism 

Establishing Liability in a Defective Drug Claim in Massachusetts

Drug manufacturers, pharmaceutical companies, pharmacies, doctors, hospitals, testing laboratories, and pharmaceutical sales representatives all have a duty to ensure the safety of the drugs they make, test, distribute, prescribe, sell, or otherwise handle. When one of these parties breaches its duty and causes you injury, you may qualify for compensation, and the liable party is responsible for that compensation.

Benefits of Hiring a Product Liability Attorney for a Defective Drug Claim in Massachusetts

Defective drug claims are complex and the drug manufacturers are often powerful corporations with deep resources. Hiring a defective drug liability lawyer will provide many benefits, including:

  • You do not have to deal with the intricacies of the legal system alone.
  • You can rely on our experience and knowledge to guide you through the process.
  • You will be represented by experienced and skilled counsel in all legal proceedings related to your case.
  • We can negotiate with the other party on your behalf to secure a fair and equitable settlement.

Most importantly, Rightful Legal will fight for your rights and help you obtain the compensation and justice you deserve. 

Contact a Massachusetts Defective Drug Liability Attorney Today

At Rightful Legal, we have the experience, skills and passion to stand up against tough drug manufacturers to help you navigate your defective drug claim. Call 617-821-5856 or fill out our contact form to schedule a free consultation.

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Attleboro Office
120 N Main St #306

Attleboro, MA 02703

Phone: 617-821-5856

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