Are there any damages that are not compensable in a defective drug injury claim?

Yes, there are damages that are not compensable in a defective drug injury claim in California. Damages that may not be compensable include emotion distress and physical pain. Additionally, claims for punitive damages, or damages that aim to punish a wrongdoer for their actions, are not available in product liability claims involving pharmaceuticals. This is because punitive damages are not considered remedies for breach of warranty and other claims that may be brought in a defective drug injury case. In instances of defective drug injury claims, non-economic damages like pain and suffering, mental anguish, inconvenience, and physical impairment may be available. However, these must meet the standard of being foreseeable, which means that a plaintiff must be able to show that the injury was caused directly by taking the drug. In some cases, the damages may be limited to the amount of actual economic loss suffered by the plaintiff. In some cases, a plaintiff may be limited to recovering only the cost of the drug and/or related medical bills. These instances are referred to as “collateral source rule” cases, in which any costs that were compensated by another party, such as a health insurance company, are not recoverable. Furthermore, a plaintiff may be unable to pursue a drug injury claim if the manufacturer of the drug had provided adequate warnings of potential side effects. In summary, some damages that may not be available for recovery in a defective drug injury claim in California include punitive damages, emotional distress, physical pain, and certain economic losses. It is important to review the case details with an experienced attorney to fully understand the damages that may be available.

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