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

Yes, you may be able to bring a defective drug injury claim even if the drug is no longer on the market. In Hawaii, you may be able to bring a claim against the pharmaceutical companies that manufactured the drug for failing to warn you of potential side effects. In order to do so, you must prove that the drug is defective, that it caused you injury, and that you suffered damages as a result. In order to prove that the drug is defective, you may be able to point to internal documents released by the manufacturer, such as clinical studies or other safety data, to show that the drug was not properly labeled or that the manufacturer failed to adequately warn about the risks associated with the drug. You may also be able to point to other cases in which people have had similar experiences with the same drug. It is important to note that, even if the drug is no longer on the market, you may be able to bring a claim against the manufacturer. However, it may be more difficult to establish a case due to the lack of available evidence. To ensure the highest likelihood of success, it is best to seek the help of an experienced defective drug injury lawyer who is licensed to practice law in Hawaii and is familiar with the applicable laws. They will be able to review your case, build a strong case, and guide you through the legal process.

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