What is the standard of proof in a defective drug injury claim?

In Washington, the standard of proof for a defective drug injury claim is the same as any other civil claim - the preponderance of the evidence standard. This means that the party bringing the claim (the plaintiff) must prove more than 50% of the evidence supports their case. To prove a defective drug injury claim in Washington, the plaintiff must show that the manufacturer or supplier of the drug had a duty to use reasonable care in designing and making the drug, that they failed to exercise such care, and that this failure resulted in injury. The plaintiff must also provide documentation or other evidence of their medical condition and the cause of their injury. The standard of proof for a defective drug injury claim is not as high as in a criminal case, where the standard is "beyond a reasonable doubt". This means that in a defective drug injury claim, the plaintiff does not necessarily have to prove their case beyond any doubt, but only that more than 50% of the evidence supports their case. A defective drug injury claim can be pursued in both state and federal court, depending on the facts of the claim. In any case, the burden is on the plaintiff to prove their case and to meet the standard of proof of a preponderance of the evidence.

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