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 used and causing injuries because of inadequate or no warnings. Sometimes a physician or pharmacy can be sued for recommending a particular drug or medical device 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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