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At the heart of many product liability lawsuits are issues that stem from defective drugs and medications, and as such, these cases are more accurately referred to as pharmaceutical liability cases. The manufacturer of a drug or prescription medication is responsible for testing their products before they are released on the market. The testing criteria that the manufacturer uses are based upon the same methods that are utilized by the United States Food and Drug Administration (FDA).


The manufacturer of any type of drug or prescription medication is legally bound by a duty to warn of any side effects that could be associated with the use of the drug. A manufacturer’s duty goes so far as to include understood dangers, but does not include issues that are connected to unknown dangers.

Unfortunately, even drugs that have been properly tested and approved by the FDA can prove to be problematic later on. Frequently, cases of pharmaceutical liability involve instances in which a drug’s unsafe side effects were not revealed until after it was released onto the market and consumed by patients.


Drug-related claims are complex. Generally, there are three types of claims that can be made when a pharmaceutical drug proves to be defective or otherwise harmful in some way:

1) A claim based upon the fact that the pharmaceutical drug was manufactured defectively;

2) A claim based upon the fact that the pharmaceutical drug had dangerous side effects that were not disclosed;

3) A claim based upon the fact that the pharmaceutical drug was marketed improperly.

In some cases, the pharmaceutical liability lawsuit that is filed on your behalf could include more than one of the aforementioned claims. In addition, each claim carries its own subset of additional claims. For example, a drug that was manufactured defectively might also be one in which the manufacturer failed to issue a proper warning of the drug’s defects or serious side effects.

Additionally, one of the most crucial aspects of any pharmaceutical drug liability case will be the identification of a defendant, i.e., the person or company that will be held responsible for the injury or illness that was caused by a defective drug or prescription medication. Because there can be more than one defendant in a case of this nature, it is important that you and David McQuade Leibowitz thoroughly review each entity involved in the chain of distribution of the drug.

To ensure that the right type of pharmaceutical drug liability claim is made on your behalf, we encourage you to contact David McQuade Leibowitz as soon as possible. He will help you navigate the complicated pharmaceutical liability arena to ensure the most compensation as a result of injury or death caused by a dangerous drug.
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