Can I receive punitive damages in a defective drug injury claim?

Generally speaking, punitive damages are not available in a defective drug injury claim in Washington. Punitive damages are meant to punish a wrongdoer when intentional or grossly negligent conduct is involved, but this usually does not apply to a defective drug injury claim. In Washington, victims of defective drugs may be able to receive compensation for medical costs, lost wages, pain and suffering, and other expenses, as well as special damages. Although a defective drug injury claim may not include punitive damages, Washington state law may provide potential avenues for victims to receive compensation in other ways. In particular, under the Washington Product Liability Act, manufacturers can be held liable for damages resulting from their products if the product is found to be unreasonably dangerous. In addition, Washington law allows individuals to file a claim against a manufacturer, distributor, wholesaler, or retailer of a drug if they can prove that the drug caused personal injury or death to them or a family member. This type of claim, known as a strict product liability claim, does not require the victim to prove that the product was defective; instead, it only requires proof that the drug was the proximate cause of the injury or death. In short, although punitive damages are not usually available for a defective drug injury claim in Washington, victims may still be able to receive compensation for their injuries through other means depending on the facts of their case.

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Can I receive punitive damages in a defective drug injury claim?

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