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 significant. A defective drug injury claim is a lawsuit filed by an individual against a drug manufacturer for damages caused by a defective drug. The plaintiff must prove that the defendant’s drug was responsible for causing an illness or injury. Claims can be placed for any type of drug that has caused harm, including both prescription and over-the-counter medications. In contrast, a drug recall is an action taken by the U.S. Food and Drug Administration (FDA) or a drug manufacturer to remove a medication from the market due to a defect in the drug, or due to a manufacturing or labelling issue that could present a health risk to consumers. A drug recall can be issued voluntarily, at the initiative of the drug maker, or it can be ordered by the FDA, who can impose fines and other penalties on drug makers that fail to address the issue. In Washington, injured individuals can take legal action and file a defective drug injury claim if they believe they have suffered harm due to a defective drug. The legal process can be complex and costly, so it is important to speak to an experienced lawyer to learn more about filing a claim and the associated risks.
Related FAQs
What types of defective drug injury cases are there?How much do defective drug injury lawyers charge?
How do I know if I have a valid defective drug injury claim?
Can I recover damages for pain and suffering in a defective drug injury claim?
Do I need to provide medical records to prove a defective drug injury claim?
What if a defective drug has already been recalled?
Can I sue a pharmaceutical company for a defective drug injury claim?
What type of compensation am I entitled to in a defective drug injury claim?
How do courts determine liability in defective drug injury claims?
Are there any defenses available if I have filed a defective drug injury claim?
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