What are the elements of a defective drug injury claim?

To succeed in filing a defective drug injury claim in South Carolina, certain elements need to be present. Firstly, the plaintiff must be able to prove that the drug was defective when it left the drugmaker’s control. This means that either the drug had a manufacturing defect, a design defect, or the drug’s manufacturer failed to provide adequate labeling. Secondly, the plaintiff must have suffered an injury caused by taking the defective drug. This requires medical evidence linking the injury to the drug in question, as well as testimony from doctors or medical experts. Thirdly, the plaintiff must also demonstrate that the defective drug was the proximate cause of the injury. That is, they must show that their injury would not have occurred were it not for the defective drug. Finally, the plaintiff must show that the cost of the medical bills, lost wages, disability, pain and suffering were all caused by taking the defective drug. This requires the gathering of medical records, wage records, and other evidence to prove the extent of the injury and the financial loss suffered. In conclusion, a defective drug injury claim in South Carolina requires the plaintiff to prove that the drug was defective, that their injury was caused by the defective drug, that the drug was the proximate cause of the injury, and that the cost of the injury was caused by the defective drug. If each of these elements are present, the plaintiff may be entitled to compensation.

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