Are there any defenses against a defective drug injury claim?

Yes, there are a variety of defenses that may be available against a defective drug injury claim in Washington. Generally, drug manufacturers, distributors, and retailers can defend themselves against a product liability claim by showing that: 1) They were not negligent in the design, packaging, or sale of the drug; 2) The plaintiff did not use the drug as directed; 3) The plaintiff failed to read or heed warnings or directions about the drug’s use; 4) The plaintiff assumed the risk of consuming the drug despite known risks; or 5) The plaintiff’s injury was caused by an unrelated factor. Additionally, a drug manufacturer can argue that the alleged defect would not have caused the plaintiff’s injury, or could even prove that the plaintiff’s injury was caused by the plaintiff’s own negligence. Drug manufacturers are increasingly making use of “preemption” defenses in order to immunize themselves from liability. Preemption defenses involve a drug manufacturer arguing that state law is preempted by federal law. This argument is generally successful when the drug has been approved by the FDA for sale in the United States. Finally, if a plaintiff fails to meet the applicable legal standard, the defendant may be able to succeed in bringing a motion for summary judgment, which is a motion to dismiss based on the facts of the case. In sum, there are a variety of defenses available to those facing a defective drug injury claim in Washington. Depending on the facts and circumstances of a particular case, any of these defenses may form the basis for a successful challenge to a claim.

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