Can I sue a pharmaceutical company for a defective drug injury claim?

Yes, you can sue a pharmaceutical company for a defective drug injury claim in California. When a person takes a prescription or over-the-counter drug and is harmed due to its defectiveness, he or she may have a valid claim for a defective drug injury lawsuit. This form of legal action is different from a malpractice claim, which is usually associated with medical negligence. In California, product liability laws exist that allow individuals to pursue a legal claim against the manufacturer and distributor of an allegedly defective drug. The plaintiff must prove that the product caused his or her injury and that there was a reasonable expectation that the product was safe for its intended purpose. In order to prove the product was defective, the plaintiff must demonstrate that the product was either defectively designed, inadequately or incorrectly labeled, or that warning labels were inadequate or provided too late. In addition to proving that the drug was defective, the plaintiff must also prove that the drug caused their injury or illness. This requires demonstrating that the drug was taken in a manner consistent with its instructions, that the symptoms suffered were the result of the drug, and that the injuries were not caused by another factor. If the plaintiff is able to prove that the drug was defective and caused an injury, he or she may be entitled to compensation for medical expenses incurred, as well as pain and suffering. Punitive damages may be available in cases where pharmaceutical companies are found to have acted recklessly.

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