What are the elements of a pharmaceutical products liability case in PA?
People making pharmaceutical products liability claims must prove the product has a defect and meets specific criteria to be considered dangerous.
Defective pharmaceutical products can expose people in Williamsport to serious injuries, permanent disablement and even life-threatening complications. When these defects arise due to oversights or negligent decisions on the part of drug makers, victims may have legal recourse. However, victims must meet various criteria to secure compensation. Besides proving that they suffered physical injuries from the product in question, victims must complete all of the following tasks.
Documenting product defects
People who file pharmaceutical products liability claims must first show that the product suffered from a dangerous defect. The three recognized categories of defects are as follows:
- Design defects. These pharmaceutical products are inherently dangerous, even when they are produced exactly according to manufacturer specifications.
- Failure to warn. These products are dangerous because manufacturers have not provided appropriate warnings or instructions about a drug’s intended uses, side effects or contraindications.
- Manufacturing defects. These products are harmful due to unintentional flaws in the production process. Consequently, these defects only affect random products in a line, rather than the entire line.
The Pennsylvania Supreme Court has held that Food and Drug Administration approval of a pharmaceutical product does not protect a company from claims that involve the first two defects. Even if the FDA reviewed a drug and the warnings that accompany it, people who suffer injuries due to the drug’s defects may still make claims.
Proving defects meet legal criteria
Unfortunately, not all dangerous or defective products provide grounds for products liability claims. In 2013, the Pennsylvania Supreme Court held that a product must meet one of two criteria in order to be considered dangerously defective. The product must pose a danger beyond what a reasonable person would anticipate. Alternately, the risk associated with using a product must significantly outweigh the difficulty or expense involved in mitigating that risk.
Satisfying claim deadlines
In Pennsylvania, people who have suffered harm due to defective pharmaceutical products have a limited amount of time to make claims. State law requires victims to file claims for any injury resulting from another party’s negligence within two years. This statute of limitations begins running at the date of injury.
Unfortunately, satisfying all of these legal criteria and proving that a pharmaceutical product was dangerously defective may be challenging. Consequently, people who have suffered injuries from these products may want to consider discussing their options with a products liability attorney. An attorney might be able to evaluate the strength of a person’s claim and provide advice on options for seeking recourse.