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

No, you cannot file a claim for a drug that has not yet been approved by the FDA. In order for a drug to be approved for medical use, it must meet certain safety regulations and standards set by the FDA. A drug that has not been approved by the FDA is not officially considered safe for medical use. Therefore, you cannot bring a claim against the manufacturer if an injury was caused by a drug that was not approved by the FDA. However, if a drug is in the process of being approved by the FDA, you may be able to bring a claim against the manufacturer under the South Carolina defective drug injury laws. The problem with this is that the FDA is still in the process of testing the drug and has not made a final determination of whether the drug is safe or not. This means that it is difficult to prove that the drug manufacturer was negligent in releasing an unsafe drug, as the FDA had not made a final determination. All in all, you cannot file a claim for an injury caused by a drug that has not yet been approved by the FDA. However, if the drug is in the process of being approved, you may be able to bring a claim against the manufacturer. But it may be difficult to prove negligence in this situation.

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