What factors are taken into account when assessing a defective drug injury claim?

When assessing a defective drug injury claim in California, a variety of factors must be taken into account. These include the severity of the injury, the cause of the injury, and the degree to which the injured person was actually taking the drug as prescribed. The severity of the injury is a key factor. If the injury is minor, a court may find that the drug manufacturer or distributor was not liable. On the other hand, if the injury was severe, a court may find the manufacturer or distributor negligent and liable for the injury. The cause of the injury must also be taken into account. If the injury was caused by the negligent, sloppy, or otherwise inadequate manufacturing, labeling, or packaging of the drug, a court may find the drug manufacturer liable. If the injury was caused by an incorrect or improper use of the drug, then the court may find that the drug was used properly and not find the manufacturer liable. Finally, the degree to which the injured person was actually taking the drug as prescribed must be taken into account. If the injured person was not taking the drug as prescribed, then a court may find that the drug was improperly used and not find the manufacturer liable. However, if the injured person was taking the drug as prescribed, then a court may find the manufacturer negligent and liable for the injury. Overall, a variety of factors must be taken into account when assessing a defective drug injury claim in California. These factors include the severity of the injury, the cause of the injury, and the degree to which the injured person was actually taking the drug as prescribed.

What factors are taken into account when assessing a defective drug injury claim?

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