Pharmaceutical companies have a duty to design, manufacture, and market safe medications. If something goes wrong at any of these three stages, then the consequences can be devastating for many people who take the medication.
What Can Go Wrong During the Manufacturing Stage of a Prescription Medication?
A manufacturing defect happens after the medication has already been safely designed. If the medication had been made according to the specifications of the design and then marketed accordingly, then the prescription drug would not be defective.
In the case of a manufacturing defect, something went wrong while the medication was being made. In other words, the medication was not made according to the specifications in the design. This could happen if, for example:
- An ingredient that was included in the design was left out of the drug during the manufacturing process.
- An ingredient that was not included in the design was added to the product during the manufacturing process.
- The right ingredients were used but at the wrong dosages. This will result in a mediation that is stronger or weaker than expected.
- There were unsanitary or contaminated conditions that tainted one or more batches of the medication.
- The wrong label was attached to the medication.
Since the medication that was created was more dangerous than consumers expected it to be given its design and marketing, it is considered to be defective.
Evidence of a Manufacturing Defect
In order to win a defective manufacturing claim, you will need to prove that:
- The medication was defective and became defective during the manufacturing stage.
- You suffered injuries that occurred because of the medication’s defect.
This will require evidence. Much of the evidence that you need will be in the control of the pharmaceutical company that is trying to defend itself. This may include:
- Design plans for the medication. In order to know if the medication was manufactured incorrectly, you need to know if it was made according to the approved design.
- Samples of the medication. The samples can be tested to determine what is in them.
- Quality assurance reports or witness testimony. This can help you determine if anything happened during the manufacturing process that should not have happened.
Obviously, the pharmaceutical company is not going to hand this evidence over to you unless they are legally required to do so. An experienced mass tort lawyer can help you get the evidence you need through the legal discovery process. This may include requests for production of documents, interrogatories, depositions, and other requests that the pharmaceutical company is legally bound to answer.
Get the Damages You Deserve If You Have Been Hurt by a Manufacturing Defect
When a mistake is made in the manufacturing of a medication, serious injuries or death can result. Many people who took the medication, or a batch of the medication, may suffer similar side effects. Together, the injured parties or the loved ones of those who have died may join together in a mass tort action to hold the pharmaceutical company accountable for its negligence.
The pharmaceutical company may aggressively defend itself against your allegations. If you are alone in your attempt to make a legal recovery, then the pharmaceutical company may overwhelm you with its defense.
However, in a mass tort case you and other similarly affected plaintiffs can join forces in discovery and in seeking justice. While you will work together on the legal case, your recovery will be unique. You may recover financial damages for the specific injuries that you suffered.
To learn more about your rights, your recovery, and how a mass tort case works, please contact our mass tort drug injury lawyers for a free, no-obligation consultation today. We would be pleased to review the facts of your case, to provide you with our honest opinions, and, if appropriate, to fight for your full and just legal and financial recovery.