Connecticut Defective Drug & Medical Device Attorney

Product Liability Claims Involving Pharmaceutical Drug & Medical Device Defects

Continuous advancements in the field of medicine have made our lives healthier, safer, and better. Over-the-counter and prescription medications, as well as numerous FDA-approved medical devices, are used to treat, control, and prevent a wide range of health issues and illnesses. Unfortunately, these medications and devices do not always do what they are supposed to—causing innocent people to suffer immense harm.

When pharmaceutical drugs and medical devices are defective, affected individuals can take legal action against the makers and/or suppliers of those products, and RisCassi & Davis, P.C. can help. As one of the first law firms in the nation to effectively protect consumers’ rights, we have earned a reputation for providing aggressive, hard-hitting legal representation for injured individuals and the families of those wrongfully killed. Since 1955, we have recovered some of Connecticut’s largest personal injury settlements and verdicts; we have what it takes to fight for you and your recovery.

Were you injured by a defective drug or medical device? Contact us online or call (860) 245-2412 for a free, no-obligation consultation with one of our experienced attorneys.

What Makes a Drug or Medical Device Defective?

A medication or medical device can be defective in numerous ways, but product defects generally fall into three categories:

• Defective Design: When a product has a defective design, this means it is unreasonably unsafe for normal, typical use, i.e. the risks outweigh the benefits. For example, if an over-the-counter pain medication results in an excessive risk of internal bleeding, it could be said to have a defective design. If a medical device that must be implanted internally has a very high risk of breaking apart once inserted, it could also have a design flaw.
• Defective Manufacturing: Unlike with design defects, not all individual units are affected by a manufacturing defect. Instead, only certain units that were contaminated during production, were put together incorrectly, or are missing parts have the defect. An example would be several batched of a pharmaceutical medication that were manufactured incorrectly, causing the medication to be toxic when taken.
• Defective Labeling: Lastly, a product can have a labeling (or marketing) defect if it is missing proper safety warnings, instructions for use, side effect warnings, and other critical labels. Additionally, drugs and medical devices that are marketed for non-approved uses, such as an anti-nausea medication that is marketed to pregnant women despite known risks for birth defects, is an example of a marketing defect.

Examples of Defective Drugs & Medical Devices

Our Connecticut defective drug and medical device attorneys handle all types of cases, including those involving the following:

• Hip replacements
• Knee replacements
• Depo Provera
• Oxbryta
• Talcum Powder
• Roundup 

These and other defective drugs and medical devices can cause serious injuries and illnesses.

Filing a Defective Drug or Medical Device Claim

In most cases, the manufacturer of the defective drug or medical device is the one responsible for the resulting damages. As such, many of these types of claims fall under the umbrella of product liability. However, in some cases, you could have a claim for medical malpractice if the medication or medical device itself was not defective but was incorrectly prescribed, administered, inserted, or provided by a doctor or healthcare professional.

Additionally, it may be beneficial to file a mass tort rather than an individual product liability claim. Unlike with a class action lawsuit, a mass tort still allows you to seek compensation for your own unique damages while also consolidating your case with others who have experienced similar harm as a result of taking the same medication or receiving the same medical device.