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

Yes, you can bring a defective drug injury claim if the drug is no longer on the market. This is known as a “product liability” claim which is based on the theory that the manufacturer, distributor, or supplier of the drug is liable for injury caused by a defective drug. In South Carolina, product liability claims are governed by the South Carolina Products Liability Act. This law states that a manufacturer can be held liable for the defective design or manufacturing of a product that they have made, even if they followed all proper safety protocols. If you have been injured by a defective drug, the first step to filing a claim is to contact an experienced product liability attorney in South Carolina. The attorney will review the details of your case and advise you on your best course of legal action. Your attorney will help you identify the product, determine which parties may be liable, and assess the strength of your case. Once your attorney is able to confirm the defective drug was the cause of your injury, they will then help you gather evidence to support your claim. It is possible to recover damages for a defective drug injury even if the drug is no longer on the market. An experienced product liability attorney in South Carolina can help you navigate the process of filing a claim and recovering the maximum amount of compensation you are eligible for.

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