How do courts determine liability in defective drug injury claims?

In Washington, liability in defective drug injury claims is determined by the courts in several ways. Courts will consider if the medical product was defective, if the product caused the injury, and if the injury was foreseeable. Firstly, courts must determine whether the drug or device was defective as designed or manufactured. Design defects exist when the device is inherently flawed, while manufacturing defects occur when the device is made improperly. Next, courts must examine if the product was the direct cause of the injury. In Washington, the plaintiff must prove that the drug or device caused their injury. Furthermore, the plaintiff must be able to show that the injury was foreseeable—that the manufacturer of the product should have reasonably expected the danger it presented. Thirdly, courts may consider if the product failed to perform as intended. Specifically, the court will consider if the product failed to perform as advertised. For example, if a drug was advertised as a treatment for cancer but failed to treat the cancer, the plaintiff may have grounds for legal action. Ultimately, courts in Washington use these criteria to determine liability in defective drug injury claims. By examining if the product was defective, if the product caused the injury, and if the injury was foreseeable, courts are able to determine if the manufacturer was liable for the plaintiff’s injury.

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How do courts determine liability in defective drug injury claims?

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