What is the difference between a defective drug injury claim and a drug recall?

The difference between a defective drug injury claim and a drug recall is rooted in the responsibility the manufacturer of the drug has for causing an injury or illness to someone who has used its product. A defective drug injury claim is a legal case in which an injured person seeks damages from the drug’s maker based on the theory that the drug is unreasonably dangerous because of its design, manufacturing, labeling or packaging. These claims are governed by product liability laws in California, which hold drug manufacturers responsible for injuries or illnesses resulting from the use of their product. By contrast, a drug recall is a voluntary action taken by the manufacturer to take their own product off the market in order to protect the public from harm. In California, the process for drug recalls is overseen by the California Department of Public Health, which has the authority to order a recall when a drug poses a potential risk to Consumer safety. The recall process does not necessarily involve any form of compensation for individuals hurt as a result of the drug, as is often the case with defective drug injury claims. In short, defective drug injury claims are legal cases in which a person seeks compensation for an injury caused by a drug’s design, manufacturing, labeling or packaging, while a drug recall is a voluntary action taken by the manufacturer to remove their product from the market in order to protect the public from harm.

Related FAQs

What is the difference between a defective drug injury claim and a drug recall?

Related FAQs

Related Blog Posts