Editor's note: This post was originally published on January 8, 2021, and has been updated for accuracy and relevance.
Drug manufacturers have a duty to make medications as safe as reasonably possible and to warn patients and healthcare providers about known risks. Because no drug can offer a perfect cure without potential side effects, clear and accurate warnings are an important part of a manufacturer’s responsibility.
What Happens When a Drug Has a Serious Undisclosed Side Effect?
A drug manufacturer may be held responsible when it failed to identify, disclose, or adequately warn the public about a serious risk associated with a medication. While some side effects cannot be prevented, patients may have legal options if a manufacturer missed a dangerous reaction or concealed information about it.
All medications can cause side effects, and those effects may not appear in every person who takes the drug. In some cases, however, a reaction may be serious or life-threatening.
Potential issues can include:
- A manufacturer failing to provide adequate warnings
- A dangerous side effect not being properly disclosed
- A defect in how the medication was manufactured
- Information about a known risk being withheld from the public
How Do You Prove a Defective Drug Caused Your Injury?
To pursue compensation for injuries related to a defective medication, you generally need evidence connecting the drug to the harm you suffered. Establishing that connection can be complex, particularly when a person has other health conditions or takes multiple medications.
An attorney may gather information from sources such as:
- Medical records and treatment history
- Prescription records
- Drug warning labels and manufacturer communications
- Prior case files involving the same medication
- Medical experts who can evaluate the connection between the drug and the injury
Who Pays for Injuries Caused by a Defective Drug?
If a defective drug caused your injury, the manufacturer may be responsible for the financial losses connected to that harm. You should not have to carry the financial burden alone while recovering from a serious medication-related injury.
Compensation may help address expenses and losses such as:
- Medical bills and ongoing treatment
- Lost income or reduced ability to work
- Pain and suffering
- Other damages related to the injury
When Should You Contact an Attorney About a Defective Drug Claim?
You should consider speaking with an attorney as soon as possible if you believe a medication caused a serious injury and the drug may have been defective or inadequately labeled. An attorney can review the circumstances, assess available evidence, and help you understand whether you may have a claim.
At MGM Injury Attorneys, we understand how difficult this situation can be. While you focus on healing, our team can help investigate whether responsibility should be shifted to the company that produced the defective drug.




