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Product Liability Claims

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:

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
    • How Much Can I Claim?
    • How much compensation you receive for an injury caused by a defective product will depend on various factors related to your injury, its circumstances, and the support and rehabilitation you need.

      The amount of compensation you could claim will depend on many factors, including:

      • Current and future loss of earnings from being unable to return to work
      • Medical and travel expenses you've had to pay
      • Your care and support needs – both now and in the future
      • Whether you need modifications to your home
      • Whether you need mobility aids or specialist equipment
      • Your pain and suffering, and the nature of any ongoing problems you have

      For more information, call us on 0800 056 4110 and we'll be happy to discuss your options in a free initial consultation.

    • What's The Claims Process?
    • To make a compensation claim for an injury or illness caused by a defective product, the first thing you need to do is get in touch with us for a free consultation. We'll discuss what's happened to you, advise you on whether or not we think you can claim, and work out whether you could benefit from a No Win No Fee* arrangement.

      If you do decide to make a claim with us, we'll usually follow the same three stages:

      1. Investigation. We'll begin by determining the extent of your injury or illness, and any losses that you may experience as a result. This may involve an examination carried out by a medical expert
      2. Compensation. We'll work out how much compensation you should get based on the severity of your injuries, your pain and suffering, any medical expenses you've had, and your ability to get back to work. We'll put this amount to your opponent, and they can either accept or contest your claim.
      3. Conclusion. If your opponent accepts liability, you'll be awarded compensation. If not, court proceedings will begin.

        Starting proceedings doesn't mean that your claim will definitely go to trial. Instead, it means that the court will put a timetable in place and manage your claim towards trial. There is still the possibility for your opponent to settle.

        If you do have to go to court, we'll be there to support you every step of the way. If we agreed to handle your claim under a No Win No Fee* arrangement, then you won't have to pay anything if you are unsuccessful.

      If you have any questions about the claims process, please contact us today on 0800 056 4110 for your free initial consultation.

    • Can I Make A No Win No Fee* Claim?
    • Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

      At the start of your case, we'll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household or car insurance policies, so it’s always worth checking whether you’re already covered.

      If we think you're best supported by a No Win No Fee* agreement, we'll explain the process clearly. You'll only have to pay anything if your claim is successful – your opponent will pay most of our fees, with the remaining costs coming out of your compensation settlement.

      Please visit our No Win No Fee page for more information on how it works.

    • What Is A Group Action, And What Are The Benefits?
    • In defective product claims it is not unusual for lots of people to have been affected by the same product, but group actions can arise in many different areas not just defective products.

      In some cases a group action may be appropriate way for the court to manage a number of similar claims together without having a trial of each individual claim. Group actions can help people to share legal expertise as well as the cost by working together, to try and maximise the chances of being fully and fairly compensated for your trauma.

      We have extensive experience in pursuing group actions relating to many different types of claim, including for defective products, drugs and medical devices.

      The expertise and results achieved for our clients means that Irwin Mitchell is the most highly ranked personal injury firm in the UK by two independent leading legal reviews.

      If you're unsure about whether making a group claim is right for you, it's best to seek some advice. Contact us and we'll be able to advise you on the options.

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
Defective Products

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.

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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.

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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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We believe rehabilitation is as important as compensation.

Injuries and illness can have a lasting effect on your life. We're proud to have won Post Magazine’s Rehabilitation Award for Claimant Solicitors on seven occasions, recognising our commitment to getting our clients the care and support they need to get their lives back on track.

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