Can I bring a defective drug injury claim if the drug has been recalled?

Yes, you can bring a defective drug injury claim if the drug has been recalled in California. Generally, any type of injury caused by a drug that has been recalled may be eligible for a defective drug injury claim. The California Civil Code allows injured persons to make a claim against the manufacturer of the drug if it caused harm. When bringing a defective drug injury claim in California, the injured person must provide evidence that the drug was defective in some way. This could include proof that the drug was mislabeled, insufficiently tested, or was engineered with a dangerous defect. Other evidence may include medical records, reports from the FDA, and documents from the manufacturer of the drug. Injured persons must also prove that the defective drug caused their injury. This means demonstrating a “causal link” between the defective drug and the injury. The injured person must show that the injury was a foreseeable consequence of using a drug that had been recalled. It is important to note that some defective drug injury claims in California may also be subject to a statute of limitations. This means that injured persons may only have a certain period of time to file their claim. It is recommended that injured persons contact an experienced lawyer to assist them in filing a valid claim before this time limit expires.

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