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Prescription Drug Product Liability

If you are harmed while using a product properly, you may be able to file a claim against the product manufacturer or distributor. These claims are intended to compensate the injured party for damages the defective product caused when it was used. 

Types of Claims

There are several types of product liability claims. Some of them include:

  • Defective product. If a defect in the product during the manufacturing process caused your injury, then the manufacturer or distributor may be responsible for providing compensation to you.
  • Design defect. If the fundamental design of the product was flawed, there may be a product liability claim of action, even if the manufacturer followed the design properly.
  • Improper or misleading information. If the product was marketed for an improper use, or other misleading information was provided, you may have a claim against the manufacturer or distributor.

Making a Viable Claim

Several important aspects of a case must be proven for a viable product liability action to exist. First, an actual injury to the claimant must have occurred. A near brush with injury due to a defect is not enough to state a recoverable claim. Second, there must be proof that the product used was in some way defective. Third, the defect or lack of adequate warning must be the direct cause of the injury or harm. Fourth, the product must not have been altered or changed after it left the distributor’s possession. Finally, it must be proven that the user was using the product properly when the malfunction occurred.

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Prescription Drug Recalls

Prescription drugs that have passed FDA approval may later be found to be harmful. This can be caused by negligence of the manufacturer or by willfully failing to disclose a known danger. These cases can result in a variety of injuries, ranging from minor side effects to death. If you or a loved one has suffered injury or death due to a prescription drug, contact an experienced prescription drug recall attorney.

Many Americans rely upon prescription drugs for their daily existence. Sometimes, however, these drugs have significant side effects which the prescription drug companies either fail to inform or are discovered after the drugs are placed on the market. Webb Law Centre, PLLC represents individuals who have taken these prescription drugs and then later these drugs are recalled because of a defect or significant side effect.

In these cases, these side effects must cause significant harm to the person taking them and, if they are significantly harmed by the use of these prescription drugs, Webb Law Centre, PLLC associates with national counsel in collecting money damages for the damage caused by the use of these prescription drugs.

Product Liability and Prescription Drug Recall Attorney in Charleston, WV

If you, a colleague, or a loved one has been harmed by the use of a prescription drug, contact Webb Law Centre, PLLC and find out if the drug you are taking is on the ever growing list of prescription drugs which have been recalled by the FDA or in which there are class action lawsuits against the drug manufacturer for failure to warn. Contact Webb Law Centre today for your consultation.