| Manufacturer's Liability for Over-the-Counter Drug-Related Injuries |
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| Today many drugs begin as prescription medications but are later sold as over-the counter (OTC) drugs. Prescription drugs are drugs that are considered unsafe (due to their toxicity or potential for harmful effects) for use except under a physician's supervision. OTC drugs must be safer than drugs that are dispensed by prescription because they are taken by a consumer without any medical supervision. Manufacturers of OTC drugs can decrease the harmful potential of the drugs by adequately labeling the products. The label must include the appropriate dosage, instructions on the use of the product, any potential side effects, and symptoms or conditions that contraindicate use of the OTC drug. The U.S. Food and Drug Administration (FDA) regulates the labeling and advertising of OTC drugs. More... |
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| Damages Awarded in Products Liability Lawsuits |
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| Courts award damages to pay back a person for loss or harm resulting from injuries caused by a defective product. The trier of fact (the jury in a jury trial or the judge in a bench trial) decides the amount of damages. The trier of fact has broad discretion in setting the amount of damages. The following are some of the factors considered in making an award: the injury, the need for future treatment, any disability, pain and suffering, age, occupation, and pre-injury health. A person's life expectancy is also considered if the injury is permanent. More... |
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| A Drug Manufacturer's Liability for Off-Label Use |
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| It is legal and common for physicians to make off-label uses of drugs and medical devices. Off-label use refers to the use of drugs and medical devices for purposes not mentioned on the manufacturer's labels. More... |
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| Product Liability Insurance |
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| Product liability insurance protects companies against lawsuits from product-related injuries or accidents. The types of accidents product liability insurance policies protect against are usually those stemming from the use or handling of products or goods manufactured, sold or distributed by the named insured. Product liability insurance generally covers personal injuries, not property damage. While some general insurance policy cover product liability, the majority do not. More... |
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| Defective Warning Claims |
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| A product is considered defective if it there is a flaw in its design, if it was improperly manufactured, or if the manufacturer failed to provide adequate warnings or directions for its use. The manufacturer has a duty to warn of any known dangers of using a product. There is also a duty to warn of any dangers the manufacturer could have anticipated if the product were misused. This article discusses products liability lawsuits based on warning defect claims. More... |
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