Are there any defenses available if I have filed a defective drug injury claim?

Yes, there are some defenses available if you have filed a defective drug injury claim in California. The most common defense is that of comparative negligence. Comparative negligence is when both parties are at fault for an injury. In this case, comparative negligence applies if the drug manufacturer can show that the patient either failed to use the product according to the manufacturer’s instructions or the patient otherwise failed to take proper care for their own safety when using the product. Another defense is the doctrine of preemption. Preemption is a legal doctrine that can be used when a state law, federal law, or regulation directly conflicts with one another. If a law or regulation pre-empts a personal injury claim for a defective drug, the defendant may use this as a defense in court. Finally, contributory negligence is another defense in defective drug injury cases. Contributory negligence is when both parties were negligent in some form, meaning that the plaintiff (person injured by the drug) was partially responsible for their own injury. If the plaintiff is found to have acted in any way that contributed to their injury, they may not be eligible for compensation. Therefore, it’s important to understand the various defenses available in a defective drug injury claim before filing a claim in California.

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Are there any defenses available if I have filed a defective drug injury claim?

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