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

Yes, there are some damages that are not compensable in a defective drug injury claim in Washington. Generally, when a person is injured due to a defective drug, they may seek compensation for the medical expenses, lost wages from not being able to work, and any pain and suffering the injury has caused them. However, Washington does not allow for compensation for any punitive damages. Punitive damages are damages that are meant to punish a party for particularly egregious or malicious behavior. Washington does not allow for injunctive relief either, which is a type of relief where a court will order a party to do something or stop doing something. Additionally, in Washington, damages related to emotional distress and loss of consortium, which is a loss of companionship, are not compensable. In Washington, the person seeking compensation must be able to demonstrate “reasonable medical certainty” that the injury was caused by the defective drug. If the person cannot prove this, then those damages typically will not be compensable. Overall, while a person can recover damages for medical expenses, lost wages, and pain and suffering in Washington defective drug injury claims, they may not be able to recover punitive damages, injunctive relief, emotional distress, or loss of consortium damages.

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

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