What if a defective drug has already been recalled?

If a defective drug has already been recalled, the patient may still be due for financial compensation or medical care for any damages resulting from the use of the drug. In South Carolina, victims of defective drug injury can file a product liability lawsuit against the manufacturer of the defective drug, its distributor, and/or the retailer. In a product liability suit, the injured party may be able to recover compensation for medical expenses, lost wages, and pain and suffering resulting from use of the defective drug. The court will consider evidence to establish negligence on behalf of any of the defendants, as well as any applicable statutes that would make them liable for damages. In some cases, multiple victims of a defective drug may band together to file a class-action lawsuit, rather than filing numerous individual lawsuits. Such a claim can be beneficial to the victims, as it allows them to pool resources and often results in better compensation for all of them. If a defective drug has already been recalled and a victim is considering filing a lawsuit, it is important to contact a local attorney as soon as possible. Due to the time limits set by South Carolina’s statutes of limitations, the victim must file their lawsuit within a certain window of time in order to have a case that is taken seriously by the court.

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