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

Yes, there are defenses available if you have filed a defective drug injury claim in Washington. Generally, the defense will argue that the drug was not defective or that the plaintiff failed to prove that the drug caused their injury. The defense may also dispute the extent of the injury or claim that the plaintiff was not using the drug as directed by the manufacturer. In Washington, a defendant may also argue that the product had an adequate warning indicating the risks associated with the drug, and the plaintiff’s failure to read the warning is a valid defense. In Washington, a defendant may also argue that the product had been altered post-sale, and thus, they are not liable for any damages. Additionally, they may argue that the plaintiff assumed the risk of using the drug and was aware of the potential risks. Finally, the defense may also argue that the time limit to bring the claim is expired, or the plaintiff’s injury was not caused by the defective drug. If any of these defenses are mentioned and proven, then the court may dismiss the plaintiff’s claim and the defendant will not be held responsible for any injuries or damages.

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