Last updated on August 8th, 2023
A defective drug lawsuit is usually filed as a “mass tort case” where a large group of plaintiffs has been harmed by a drug, albeit in varying ways. Defective drug lawsuits are designed to compensate people who have been harmed by drugs that don’t work as intended.
According to the Centers for Disease Control (“CDC”), 48% of Americans have used a prescription drug in the last year. And while the vast majority benefit from taking doctor-prescribed drugs, the pharmaceuticals that people use every day are sometimes found to cause health problems that weren’t anticipated.
Like all product manufacturers, drug manufacturers have an obligation to legally and safely design, manufacture, and sell their drugs. When people are injured after taking a defective drug, the law allows them to take their claim to court. In Ohio, such a case would typically be brought under the Ohio Products Liability Act (“OPLA”).
It is legally well established that a manufacturer may be held liable for injuries caused by a defective drug. Injuries generally fall into three categories:
Defective drug lawsuits are meant to compensate injured individuals for:
In a great many cases, the drug manufacturer will decide to settle with the injured parties prior to the trial. In the case of Xarelto, the manufacturer paid $775 million in settlements without admitting fault and without pulling the drug off the shelves.
It doesn’t matter if the drug in question has already been approved by the U.S. Food and Drug Administration (“FDA”). You can prevail on a defective drug claim even if the drug manufacturer complied with all of the FDA labeling and manufacturing requirements.
In most cases, defective drug cases can be filed in either state or federal court. Often, many cases with the same fact patterns are filed as class action lawsuits.
Although every state has its own product liability law, these laws are broadly similar. Nevertheless, each state’s law includes its own unique aspects, and Ohio is no exception.
Some of the special features of the Ohio Products Liability Act as it relates to defective drugs are as follows:
These are the most important facts to remember about pursuing a defective drug claim in Ohio:
If you or someone you love has been injured or impacted by a defective drug, contact our firm to help you with the path forward into a defective drug lawsuit.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 1.937.222.2222
The team did a superb job of keeping me in the loop in regards to my claim. Brittany did an amazing job as my paralegal, following up with me as soon as she had news on my case. I truly can’t thank the Dyer, Garofalo, Mann & Schultz firm enough. If you are looking for legal representation that will truly fight for you, these are the guys to go with!
After an accident, and being inundated with offers from out-of-town lawyers, I called DGMS, and I am glad I did. They took over and I received a maximum payout very quickly after all the medical was done. Especially, Amy K. who always took my calls, and answered all my questions promptly. Thanks Amy K.
This was my first time having to deal with anything legal, they did a very good job, they helped me through the whole process start to finish. Kept me up to date with everything as time went and also didn’t make me feel dumb over a couple very “dumb” questions. Definitely the people I’ll come back to if needed again!
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