How Does Product Liability Law Apply to Defective Drugs and/or Medical Devices?
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Every state’s law varies. However, generally under the law of strict product liability, pharmaceutical manufacturers can be held liable for injuries or deaths caused by their products. This liability is usually predicated upon whether the drug or medical devices is unreasonably dangerous for its intended use. People often assume that if a drug is approved by the Food and Drug Administration (FDA) that it is safe to use. This assumption is often incorrect. Drug companies are responsible for providing the research and data the FDA uses to determine the safety and efficacy of the drugs. It is the duty of the pharmaceutical companies to appropriately test and monitor the safety and efficacy of drugs.
