Are there any defenses against a defective drug injury claim?

Yes, there are defenses available in defending against a defective drug injury claim in California. The most common defense is that the drug was not the cause of the injury, but was caused by the patient’s own fault or negligence. This means that the patient must have acted in a way that was not reasonable, or that the drug itself was not defective, but the patient’s use of it was. Another defense is that the manufacturer acted according to accepted standards and regulations. Companies have to meet certain safety and quality standards in the design, production, and marketing of drugs, and if they meet these standards, they may not be liable for any injuries their products cause. The third defense is that the manufacturer provided sufficient warnings and instructions about the use of the drug. Drug makers must provide information about potential side effects and any risks associated with using their products, and if they provide this information, it may be enough to absolve them of liability. Finally, another defense is that the plaintiff should have known the risks of taking the drug and failed to exercise due care. In this case, the plaintiff would be unable to prove that the manufacturer was negligent in any way. In summary, there are several defenses available to companies in California when it comes to defending against a defective drug injury claim. These include proving that the drug was not the cause of the injury, that the drug maker abided by accepted standards and regulations, that the manufacturer provided sufficient warnings and instructions, and that the plaintiff should have known the risks of taking the drug and failed to exercise due care.

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