Consumers rely on prescription medications and drugs to improve their physical health or alleviate a current ailment, assuming the possible side effects of those drugs will not adversely affect their overall health. It is the pharmaceutical company's duty to disclose any possible risks or side effects of taking a drug. Unfortunately, consumers are not always properly warnedon how to administer the drug or of the serious and dangerous side effects associated with taking the drug.

Manufacturers of drugs and other products are required by law to perform extensive tests for their products prior to releasing them to the market. They are also mandated to notify consumers of any possible dangerous side effects that could accompany the approved use of the drugthrough proper labeling and clear instructions. If a defect in the medication indeed exists, whether through design or manufacture, the manufacturer may be held liable for any injuries the defect caused to consumers taking the drug. If a manufacturer fails to perform the responsibility of adequately warning of negative side effects, they should be held accountable.

How to Determine When a Drug is Defective

A drug can be found defective in three ways:

• Design Defect. Design defects occur when the product design is deemed unsafe or useless byfailing to satisfy the expectations of the consumer. If the risks of the product outweigh its benefits, then a possible cause of action exists for defective design.
• Manufacturing Defect. If the medication entered the market without taking the appropriate steps in the manufacturing phase, it is said to be defective manufacturing. Examples of manufacturing defects are poor-quality materials or careless workmanship.
• Marketing Defect or Failure to Warn. If the medication reaches the marketing phase but fails to properly warn consumers through marketing, advertising or personal counseling from doctors or pharmacists, then the drug would be considered defective and a cause of action may be necessary.

Basically, a consumer will need to prove his or her injuries were caused as a direct result of one or more of these three defects in order to take legal action for their injuries sustained from taking the drug. The defendants in any case would depend on which phase the consumer allegedthat the drug became defective.

Tips on How to Protect Your Legal Rights

• Report any adverse side effects to the Food and Drug Administration immediately. For tips on how to report specific problems and products, visit the FDA's website at www.fda.gov/ForConsumers/ConsumerUpdates/ucm095859.htm.
• Save the product packaging and labeling, including the brand name, model number and serial number. Keep the product in a safe place so it can be used as evidence if litigation is necessary.
• Write down names and contact information of any witnesses with information about the product or how it injured you specifically.
• Speak to a product liability lawyer as soon as possible. Do not discuss the circumstances of your case with anyone else other than your physician, if necessary. Keep in mind that the drug manufacturer may employ private investigators or others who may try to take your statement, which could hurt your case in the long run.