Pharmaceutical liability claims are brought under the legal theories of strict liability and negligence depending
on the circumstances of the claim. Law students learn that bringing a claim under strict liability, the claimant
(plaintiff) must show there was a design defect that made the drug unsafe or a manufacturing defect resulting in a
substandard product. A favorable judgment should be reached if it is proven that the manufacturing or design
defect caused injuries. Sometimes a negligence claim is brought when the product is marketed incorrectly resulting
in medical product or drugs being usedand causing injuries because of inadequate or no warnings. Sometimes a
physician or pharmacy can be sued for recommending a particular drug or medical devicel and not advising of side
effects. For more information, consider buying a book about pharmaceutical law, browsing used books, or contacting
lawyers for additional relevance.
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