Can I bring a defective drug injury claim if the drug is no longer on the market?

Yes, it is possible to bring a defective drug injury claim even if the drug is no longer on the market in California. This is because the injury must have occurred while the drug was on the market and available to purchase. It is also possible that the injury was caused by a defective component in the drug that was never identified or recalled by the manufacturer. In California, there are two different types of defective drug injuries that can be pursued in a claim: a design defect and a manufacturing defect. A design defect is when the defect was present when the drug was manufactured, and a manufacturing defect is when the defect occurred during the manufacturing process. Typically, in a defective drug injury claim, the patient must prove that the drug caused the injury and establish a connection between the injury and the defective drug. Additionally, the patient must show that the manufacturer either knew or should have known of the potential injury caused by the drug. This means that even if the drug is no longer on the market, a claim may still be pursued if the patient can prove the drug was defective. However, it is important to note that bringing a defective drug injury claim can be a difficult and complex process. If you or someone you know has been injured from a defective drug, it is important to seek legal advice from an experienced personal injury attorney. They will be able to assess the case and determine if a claim is the right path for your situation.

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