Common Types of Defective Drug Injury Claims

Sustaining an injury due to a defective drug can drastically affect your long-term health. This is a frustrating situation, especially if it was caused by no fault of your own. Continue reading to learn the potential defenses you can take for your defective drug injury claim and how an experienced Landover product liability lawyer at The Law Office of Conrad W. Judy III, LLC can help you hold the negligent party accountable.

What are the types of defective drug injury claims?

There are several parties who may be to blame for your injury caused by a defective drug. The three most common types of claims are listed below:

  • 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, such as saving money or time, 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.
    • For your claim, you must prove that this labeling was not present to prevent the accident from occurring.

Who else can be the at-fault party for my injury?

Drug distributors, such as doctors or pharmacists, sometimes can be the at-fault party, even if the drug in question is not defective in and of itself. An example of this is if they were negligent in prescribing or supplying you with the incorrect medication. If this is your case, it is in your best interest to file a medical malpractice claim while employing a skilled Landover medical malpractice lawyer.

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

It may seem natural to want to dispose of the defective drug that caused you such damages. However, this is a common mistake. Probably the best action you can take for your case is to preserve the drug, so long as it will not impose harm on you or others. If this is not doable, you should take a photo of the drug, the packaging, and the damage it inflicted. This is a critical piece of physical evidence you can use to satisfy your burden of proof.

If you need assistance with collecting such evidence, contact a Landover Maryland personal injury lawyer today.


The experienced personal injury attorneys at The Law Office of Conrad W. Judy III, LLC are prepared to represent clients facing legal matters after being injured due to another person’s negligence. If you require strong legal representation in Maryland, contact our firm today to discuss our services. 

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