Defective Drug Claims

Drugs and medicines go through very rigorous testing regimes before they even reach a human test subject – let alone being given as prescriptions or made available for sale over the counter. But even with such strict standards, there are cases where drugs don't work the way they're supposed to.

If you've been injured, become ill, or had a condition get worse, because a drug has had serious unexpected side effects or has failed to work because of a manufacturing defect, then our solicitors may be able to help you claim compensation.

We may also be able to help you if you've become ill or suffered injuries while participating in a clinical trial. There are specific guidelines around whether or not you can claim, and our experienced defective drug lawyers have helped many clients get the compensation they deserve for this in the past.

In the past we have supported clients through claims involving a number of different types of drug, including:

Human growth hormone
Lariam (Mefloquine)
Dietary supplements
Antihistamines
Vioxx
Contaminated blood products
Claims brought under the Association of the British Pharmaceutical Industry (ABPI) clinical trial compensation guidelines

During the claims process, we'll work closely with you to handle every aspect of your case, as well as ensuring you're able to access all the medical care and support you need to assist with your rehabilitation following an injury or illness.

Our personal injury team has a great deal of experience with medical negligence and product liability claims, and our exceptional knowledge and caring staff has seen us ranked in the top band of law firms for defective product compensation claims by Chambers & Partners.

We'll talk you through what's happening with your claim in clear and simple terms. Our experience of these types of claim means that we know what needs to be done to help you achieve the best possible compensation settlement.

The majority of the claims we handle are on a No Win No Fee basis. This means that there's nothing for you to pay upfront, and that you won’t have to pay any legal fees if your claim isn’t successful*.

If you have any questions, or are interested in making a claim, call us today on 0800 056 4110 for a free initial consultation about your case, or contact us online and we'll get back to you.

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Defective Drugs Claims - More Information

Manufacturers have a duty to their customers to ensure the products they release to the market are fit for purpose and safe for their intended use."

Tim Annett, Partner

Frequently Asked Questions

Who Can Make A Defective Drug Compensation Claim?

If you've been injured, become ill, or had a condition become worse because of a defective drug, then you may be able to claim compensation. You usually have three years from the date of the issues caused by the drug beginning to make a claim. Claims arising from defective products also have to be brought within 10 years of the product going into circulation, so it is important to seek legal advice on this as soon as possible.

You can also claim compensation on behalf of a loved one in a number of circumstances, including:

For your child, provided they are still under 18
For a relative who is unable to make their own legal decisions
If a loved one has died

If you are claiming on behalf of your child, you have until their 21st birthday to make a claim (subject to the 10 year time limit mentioned above).

You can claim compensation for drugs that were prescribed by a doctor, bought over the counter, or taken as part of a clinical trial.

While exceptions can occasionally be made in respect of the three year time limit, the 10 year limit cannot be extended. If you're unsure whether you'll be able to make a claim, contact us for some expert advice on your options. Call us today on 0800 056 4110, or contact us online and we'll get back to you.

What's The Definition Of A Defective Drug And What Problems Can They Cause?

Manufacturers and distributors of drugs and medications have a legal duty to ensure their products are safe for human use. Medical professionals also have a duty to make sure the drugs they prescribe are safe and appropriate for their patients.

If a drug fails to work because of a manufacturing defect, you may be able to make a claim against the manufacturer.

If a drug produces serious, unexpected side effects, then it could also be classed as defective. This can be complicated, as many drugs have side effects even when they are working properly. However, thanks to their years of experience with defective drug claims, our product liability team will be able to work out whether these side effects are normal, whether you were given enough warning about them, and whether the costs of the side effect outweigh the benefit of the drugs.

Defective drug claims may also arise from drugs that have been incorrectly prescribed by medical professionals, or drugs that have been given to you while you took part in a clinical trial.

If you're unsure whether a drug that's caused you problems can be classed as defective, contact us for a free initial consultation on your case. Call us today on 0800 056 4110, or contact us online and we'll get back to you.

Why Choose Irwin Mitchell For A Defective Drug Claim?

Our experience in both product liability and medical negligence cases means we're expertly placed to handle claims involving defective drugs, and we've helped many clients receive the compensation they deserve.

We've worked with victims of defective drugs and medical products for many years, and we understand the physical difficulties, anger and lasting trauma which defective drugs can cause.

We also understand that it can be difficult to know who is to blame and who ought to be held accountable for your illness or injury. In these situations, it helps to have the experts on your side – if you've suffered because of defective medication, we'll work tirelessly to make sure you receive all of the support, advice and care you need.

Helping our clients access medical care and support, including physiotherapy and surgery, as well as mobility aids and home modifications, is as important to us as pursuing financial compensation. This support is essential for adapting to life after an injury, and our approach has seen us win Post Magazine’s Rehabilitation Award for Claimant Solicitors on seven occasions.

Our extensive experience has seen us handle a diverse range of defective drug claims, including:

Involvement in group action for victims of Human Growth Hormone-related Creutzfeldt Jakob Disease. We brought litigation against the Department of Health that established an entitlement to receive compensation, and have helped many clients and their families to receive compensation with settlements ranging from the low thousands of pounds to over £1.5m – find out more about this case.
A settlement of £70,000 for a woman who was prescribed the wrong dose of medication by her GP in 2004, resulting in neurological symptoms that she still experiences today – find out more about her claim.
£11,000 for a woman left scarred after she was given antihistamines that were administered in the wrong way, resulting in serious injuries and permanent scarring to her hand – find out more about her claim.

If you have any questions about making a claim, or how we can help, then please don't hesitate to give us a call today on 0800 056 4110, or contact us online, for a free initial consultation on your case. We're here to help.

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Defective Drug Claims

Call us for a free initial consultation

Defective Drugs Claims - More Information

How Much Can I Claim?

What's The Claims Process?

Can I Make A No Win No Fee* Claim?

What Is A Group Action, And What Are The Benefits?

Meet The Team