Pharmaceutical Liability Information Center

Frequently Asked Questions about Pharmaceutical Liability

Q: What is "pharmaceutical liability?"

A: The term "pharmaceutical liability" refers to legal theories and ways to prove that a manufacturer of a pharmaceutical product, including prescription and over-the-counter medications, medical devices, dietary supplements and herbal remedies can be held responsible when its products injure people. The theories include strict products liability and negligence, though some states have statutes providing a single theory for recovering from a product manufacturer.

Q: Will I have to sue my doctor?

A: Your lawyer may conclude that your doctor might share the responsibility for your injuries. In some states, a jury may decide to assign the doctor a percentage of fault, even if the doctor is not sued, and you will not be able to collect the entire verdict from the manufacturer. In other states, the manufacturer may have to pay all your damages unless it persuades the jury that your doctor is at fault and will sue your doctor itself.

Q: Why didn't my doctor tell me about the side effects?

A: Doctors are usually familiar with the drugs they prescribe. However, drugs are tested on only a small number of people and some side effects might not become known until the medication is on the market and a much larger number of people are using it. In addition, because the FDA approves new drugs all the time, doctors may not be aware of a particular medication's side effects.

Q: The FDA approved the drug for use in humans. Doesn't that mean it is safe?

A: If the FDA approves a drug, it means that the drug's benefits outweigh its known risks. An FDA-approved drug is not necessarily safe for everybody. The FDA reviews a manufacturer's research to determine whether the drug works and if it is safe for most people. In addition, some serious side effects are rare and will not be discovered before the drug is approved.

Q: How long do I have to file a lawsuit against a manufacturer?

A: The time for filing a lawsuit varies from state to state. Generally, the time for filing the lawsuit will begin to run when you take the medication. The deadline may be suspended in some situations so that you have a longer time in which to file. In some states, the time clock does not start until a person suspects or learns that a medication has caused his or her injury.

Q: Why don't labels on dietary supplements and herbal products tell me what they do?

A: Federal law limits what manufacturers may say about dietary supplements and herbal products. For example, manufacturers are prohibited from claiming that their product will treat, cure or prevent a disease or medical condition.

Q: I have heard in the news that many people have been having the same problems with a medication that I have been having. Can we pursue our claims together as a group?

A: You and other people with similar problems with a medication can bring a single lawsuit and recover as a group in a class action. A court will determine whether there are enough people with sufficiently similar claims, a proceeding called "class certification" and class members will share the verdict. If you are asked to join a class action, you may want to consult an attorney to see if you would be better off litigating on your own.

Q: What can I do to help my lawyer with my case?

A: The most important thing you can do to help your case is to find a lawyer as soon as you suspect a medication may have injured you. Keeping track of money you have to spend because of your injury (and receipts) is also important. Your lawyer also may ask you to keep a diary to help prove ways the injuries affect your daily life.

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