Who Can You File a Lawsuit Against for a Dangerous Drug?

The market for prescription medication has expanded dramatically over the
past few decades. In fact, according to the Centers for Disease Control
and Prevention (CDC), nearly half of all Americans use at least one prescription drug every
month. The CDC study also reported this number increased nearly 11% from
1988 to 2012. As the use of medications continues to rise, the danger
for hazardous drugs and harmful side effects may also increase. While
victims injured by dangerous drugs can seek monetary compensation, the
liable parties can vary for each case. Typically, lawsuits will fall under
product liability or
medical malpractice.

Parties who may be liable for hazardous medications can include:

  • Medical companies
  • Prescribing doctors
  • Pharmacists
  • Drug manufacturers

Product Liability

The legal theory of product liability states that manufacturers, retailers,
and distributors all have a duty to ensure that their products are free
from defects. When a consumer is injured due to a faulty or defective
product, they may seek monetary compensation from the responsible party.
In a medical product claim, who can be sued depends on when the negligence
occurred during a drug’s lifecycle.

In a product liability claim, defects are divided into three categories:

  1. Design defects refer to problems which exist or are created during a products design.
    If a product’s creator does not take steps to rectify a design flaw,
    they may be held accountable for injuries.
  2. Marketing defects occur when a drug company fails to properly warn consumers about a drug’s
    potential health risks or grossly misrepresents the uses of a drug,
  3. Manufacturing defects happen during the actual production process. Even if the design and marketing
    are done correctly, manufacturing mistakes can still lead to harm.

Medical Malpractice

In addition to drug manufacturers and producers, doctors and other medical
workers may also incur liability for injuries. To seek damages in a medical
malpractice claim, it must be shown that the negligence of medical staff,
such as a doctor or pharmacist, directly led to the damages suffered by
the victim. For example, if a doctor ignored pharmaceutical warnings,
did not properly inform a patient about a medication’s side effects,
or did not check for possible negative drug interactions, they may be
held liable for the resulting injuries.

Award-Winning Personal Injury Attorneys

If you or a loved one has been injured due to dangerous prescription medications,
Johnson, Vorhees & Martucci want to talk to you. Whether you are pursuing
a medical malpractice or product liability claim, our Four States personal
injury attorneys possess the knowledge and tools to help you seek justice.
For our tireless dedication to clients and legal ability,
our team has earned the recognition of prestigious legal organizations such as
Martindale-Hubbell® and
Super Lawyers®.

Call (833) 600-0125 or
request a FREE case evaluation online to speak with attorneys backed by more than 140 years of collective

We are proud to represent clients throughout Joplin and Springfield.


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