| Identifying and Evaluating Injury Claims Involving Drugs or Medical Devices |
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| Drug product liability lawsuits are usually based on the drug company's failure to warn of known (or likely) dangers in using a prescription drug or medical device. The first element that must be shown in a drug product liability lawsuit is causation. Did the drug or medical device cause the injury? The second question presented is whether the drug company provided adequate warnings about its product.
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| Frequently Asked Questions About Products Liability Claims |
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| A defective product is a product that has a design defect or a manufacturing defect. If a product lacks an adequate warning of any known dangers associated with its use, the product is also considered to be defective.
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| Product Liability Suits Involving Injury Caused by Altered Product |
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| Products liability is an area of law dealing with personal injuries and property damage caused by products that are defectively designed or manufactured. A manufacturer has a duty to exercise ordinary care in designing and manufacturing a product. A product carries an implied promise that it is safe for its intended use.
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| The Role of the Food and Drug Administration in Product Safety |
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| The Role of the Food and Drug Administration in Product SafetyMore... |
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| Punitive Damages in Products Liability Lawsuits |
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| In the context of products liability litigation, damages means a monetary award to compensate an injured person for medical expenses, lost wages, and the pain and suffering associated with the injury. In addition, the courts can award punitive damages, also called exemplary damages. Punitive damages are awarded to punish the manufacturer or seller that caused the injury when the court finds that the misconduct of the manufacturer or the seller was outrageous. The courts try to deter similar conduct in the future by awarding punitive damages. Punitive damages are aimed at deterrence and retribution.
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