What are the elements of a defective drug injury claim?

In the state of Washington, a defective drug injury claim requires the plaintiff to meet certain criteria in order to be successful in a lawsuit. The elements for a successful claim are as follows: 1. The drug was defective in design or manufacture - The plaintiff must be able to prove that the drug was unsafe due to a defect in its design or manufacture, or because it did not meet the safety standards expected of similar drugs. 2. There was an injury sustained - The plaintiff must be able to show that they sustained some sort of injury or damages as a result of taking the defective drug. 3. The drug was the cause of the injury - The plaintiff must also be able to prove that the defective drug was the cause of their injury. They must also be able to show that the injury was not caused by any other factor. 4. The injury left the plaintiff without any means of livelihood - The plaintiff must be able to show that the injury sustained left them without any means of livelihood. This is typically evidenced by medical bills and lost wages. 5. The claimant was not at fault - The plaintiff must also be able to show that they were not at fault for their injury. This typically requires demonstrating that they were not negligent or that the drug manufacturer should have known about the defect or warned them about it. These five elements must all be proven in order for a plaintiff to be successful in a defective drug injury claim in the state of Washington. A plaintiff should contact an experienced lawyer to discuss their case and determine if they have enough evidence to make a successful claim.

What are the elements of a defective drug injury claim?

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