With an abundance of new drugs hitting pharmacy shelves, there is the potential for consumers to suffer from mild to severe adverse reactions following the use of prescribed or over-the-counter medications. Most often, unsafe drugs are the result of a manufacturing defect or inadequate warning label. The laws have held that manufacturers, sellers, and distributors may be held strictly liable (fault need not be shown) for any injury caused by their defective or unsafe products. With these laws in place, consumers are protected from unsafe drugs.

Generally speaking, a person who is injured by a recalled or unsafe drug or pharmaceutical, may bring claims under a variety of laws, including strict product liability, negligence, and breach of warranty. Consumers who are injured by these unsafe drugs may be entitled to financial compensation for medical care, lost income, pain and suffering, and in some cases, punitive damages (damages to punish the responsible party).

Important Considerations
Each state has specific laws governing the types of claims an injured person may bring as as well as the type of compensation they may seek in a pharmaceutical injury case. Because laws vary from state to state, only an qualified attorney can advise you on your potential legal claims.

Furthermore, each state has laws, called Statutes of Limitations, which limit the time in which a person must bring a claim or lawsuit. A person who fails to file a claim within the applicable Statute of Limitation may be forever barred from filing a claim or obtaining recovery for their injury.

Therefore a person who is injured by a drug or product should seek prompt legal assistance from an attorney to make sure that their rights are protected.