What is Defective Medication?

Medication that has caused harm to a patient. Claims involving defective drugs fall under product liability law and typically revolve around three types of defects:

• Manufacturing Defects: Occur when a pharmaceutical drug is improperly manufactured or contaminated during production, harming the patient.
• Design Defects: Arise when a pharmaceutical drug, although manufactured correctly, causes harm or injury due to its side effects.
• Failure to Warn: Refers to a lack of sufficient or appropriate instructions, warnings, or recommendations regarding the drug’s usage.

Defendant – In civil law, the party being sued is typically the one who caused the injury, along with their insurance company.