Can I file a defective drug injury claim if the drug is not yet approved by the FDA?

No, you cannot file a defective drug injury claim if the drug is not yet approved by the FDA in California. Before any drug can be sold in the United States, it must be approved by the FDA. This means that even if you experience an injury or illness due to a defective drug, you cannot file a claim if the drug has not yet been approved by the FDA. In California, the Department of Health Services has specific guidelines for defective drug injury claims. To file a claim, the drug must have been approved by the FDA for use in the United States. The drug must also have been taken in the way it was intended to be taken. Additionally, the FDA must have noted any safety warnings or risks associated with the drug in its approval process. In other words, you cannot file a defective drug injury claim in California if you take a drug that has not yet been approved by the FDA. Doing so could put you at risk of serious health consequences, so it is important to ensure that any drugs you take are FDA-approved.

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