Am I Eligible for a Defective Drug Injury Claim?

Designers, manufacturers, and distributors have an obligation to offer drugs that are safe to take and provide clear directions for how to avoid injury. So when you do endure damages due to a defective drug, it is justifiable that the negligent party be held accountable. Find out if you are eligible to file a defective drug injury claim and how one of the proficient Prince George’s County product liability attorneys at Timiam & Fawcett, LLC can navigate you through your legal matter.

What are the types of defective drug injury claims?

Drug defects are usually caused by the negligence of another party. The categories that a drug defect can fall into read as follows:

  • Unsafe drug design: drug designers are legally obligated to ensure their drugs are safe for public use through their design or testing phase. For your claim, you must prove that there was a safer, yet economically feasible, way to make the drug that would not hinder its usability.
  • Negligent drug manufacturing: drug manufacturers are responsible for ensuring that they follow the blueprints provided by drug designers. For your claim, you must prove that they deviated from these guidelines to cut corners, and thus the drug became unsafe.
  • Failure to provide drug warnings: since drugs pose a certain danger, manufacturers must include written warnings about potential hazards and instructions on how to use and not use the drug in the packaging. You must prove that this standard of care was not present to prevent the accident from occurring.

Even if the drug is not defective itself, you may still have a case if you can prove that a distributor, specifically a doctor or pharmacist, was negligent in prescribing or supplying you with the incorrect medication. In this case, you would file a medical malpractice claim with the help of one of the talented Prince George’s County medical malpractice attorneys.

How do I prove negligence in my defective drug injury claim?

Importantly, preserve the defective drug, so long as it will not impose harm on others. If this is not doable, you should, at the very least, take a photo of the drug, the packaging, and the damage it inflicted to help satisfy the burden of proof. It may seem natural to toss away the drug that caused you harm, but preserving it could be the cornerstone of a successful defective drug injury case.

If you require additional assistance, contact one of the experienced Prince George’s County personal injury attorneys today.


If you are injured due to another party’s negligence, contact Timian & Fawcett, LLC. We provide effective legal services to clients in Prince George’s County, Washington, D.C., and all of Maryland. 

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