Editor's note: This post was originally published on October 13, 2020, and has been updated for accuracy and relevance.
You may be able to sue a drug manufacturer for drug addiction if the company made a defective medication or failed to provide adequate warnings about known addiction risks. Whether a claim is viable depends on the drug, the manufacturer’s conduct, the warnings provided, and the harm you suffered.
The pharmaceutical industry is a multibillion-dollar business, and prescription drugs can cause serious harm when manufacturers place profits ahead of patient safety. In some situations, people who developed a chemical dependency, overdosed, or lost a loved one may have grounds to pursue a product liability lawsuit.
When Can a Drug Manufacturer Be Held Liable for Addiction?
A drug manufacturer may be held liable when a dangerous or defective drug causes harm, including addiction, overdose, or other serious side effects. Product liability claims often focus on a medication’s design, how it was manufactured, or whether the company adequately warned consumers and healthcare providers about known risks.
A plaintiff may be able to hold a drug manufacturer liable when the drug involves:
- A dangerous or defective design
- A manufacturing or production error
- Inadequate warnings about addiction risks or other side effects
What Is a Defective Drug Design?
A drug may have a defective design when its intended formulation creates an unreasonable risk of harm to consumers. If a pharmaceutical company knowingly ignores serious safety risks associated with a medication, foreseeable injuries, addiction, or overdoses may occur.
These cases can be difficult to win because drug manufacturers often argue that the medication has legitimate and safe uses. However, the existence of some safe uses does not automatically prevent an injured person from exploring a claim.
What Is a Drug Manufacturing Defect?
A manufacturing defect happens when an error occurs while a drug is being produced, making the medication dangerous in a way the intended product was not. For example, contamination introduced during formulation or production may expose consumers to unexpected and serious health risks.
Unlike a design-defect claim, a manufacturing-defect claim generally focuses on a problem with a particular batch or production process rather than the drug’s intended design.
Can You Sue a Drug Company for Failing to Warn About Addiction Risks?
Yes, a drug manufacturer may be liable if it failed to warn consumers or healthcare providers about known risks, including a medication’s potentially addictive properties. Lawsuits involving opioids and other prescription painkillers have alleged that manufacturers did not fully disclose the risks of addiction, overdose, and other adverse effects.
Adequate warnings are especially important when a drug may cause:
- Chemical dependency or addiction
- Overdose
- Severe withdrawal symptoms
- Other serious adverse side effects
People often assume that a drug would not be available to the public if it could be contaminated, cause serious injury, or lead to addiction. Unfortunately, both prescription and over-the-counter medications can pose substantial risks when they are defective or not accompanied by adequate warnings.
What Should You Do if a Drug Caused Addiction or Other Harm in Louisiana?
If you or someone you love developed an addiction, suffered an overdose, or experienced another serious injury after taking a prescription drug, MGM Injury Attorneys can help you understand whether the drug manufacturer or another party may be responsible. A dangerous-drug claim requires a careful review of the medication, known risks, warnings, and the harm involved.
To protect your potential claim, consider:
- Saving prescription bottles, packaging, and written warnings
- Requesting medical records and pharmacy records
- Keeping documentation of treatment, expenses, and time missed from work
- Writing down when symptoms, dependency, or other side effects began
The attorneys at MGM Injury Attorneys can review the facts of your case, explain your legal options, and help determine whether you may be able to pursue compensation for your losses. Contact MGM Injury Attorneys today to discuss your dangerous prescription drug claim in Baton Rouge.
