What types of defective drug injury cases are there?

There are many types of defective drug injury cases that can be brought under South Carolina law. Generally, these fall into three categories. The first category is strict liability cases. These cases hold the manufacturer liable regardless of fault for any injury caused by a defect in their product. This includes any defect that caused an unwanted side-effect or injury. This type of case is most commonly used when it can be proven that the drug was defective and caused the injury. The second category is negligence cases. These cases are based on the premise that a drug manufacturer failed to exercise reasonable care when making the product or providing adequate warnings about potential risks of taking the drug. This could include not properly researching the drug or not taking adequate steps to ensure the product’s safety. The third and final category is intentional tort cases. These cases are based on the premise that the manufacturer either tried to deceive consumers or engaged in some kind of malicious conduct that caused an injury. For example, if the manufacturer knew about a potential risk of the drug but failed to disclose it to consumers, they could be liable in an intentional tort case. In any of these cases, victims may be entitled to damages including medical expenses, lost wages, pain and suffering, and other losses related to their injury. It is important to speak with an experienced defective drug injury attorney to learn about your rights and options.

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