What if a defective drug has already been recalled?

If a defective drug has already been recalled, it is typically too late to take legal action. While a recall can be initiated by the manufacturer, and a lawsuit may be filed against them, often those who have been injured are unable to take legal action because the drug has already been removed from the market by the time the recall occurs. Furthermore, recalls are usually issued after the damage has already been done, meaning the victims of a defective drug may have already suffered significant medical injuries or even death. However, depending on the circumstances, victims of a defective drug may still be able to take legal action in California. In some cases, if a manufacturer was negligent in their duties to ensure the drug was safe for human use, they may be held liable for the damages inflicted by their product. This means victims can still step forward and sue to recover compensation for the medical costs, lost wages, and pain and suffering related to the defective drug. Additionally, California also gives victims of a defective drug rights to sue for punitive damages in particular cases. Punitive damages are designed to punish the company responsible for the injury by requiring them to pay a surcharge on top of the other damages they are liable for. In some cases, this may provide additional incentive for companies to ensure their products are safe before releasing them on the market.

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What if a defective drug has already been recalled?

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