These cases can be difficult to prove because injury or disease may not be discovered until years after the original exposure. The line between toxic tort cases involving medical products and medical malpractice cases is sometimes blurry. Lawyers experienced in these areas can advise both plaintiffs and defendants on which law applies. Pharmaceutical Products Pharmaceutical products . Compliance with FDA standards will not, however, insulate a defendant from liability if its product otherwise proves to be defective or dangerous.
Drug manufacturers have a duty to warn about possible side effects of a drug.
Tobacco Tobacco . Tobacco products have been the subject of recent litigation in which the tobacco companies have been ordered to pay very large amounts of money for costs incurred as a result of smoking-related diseases. Although there is mounting evidence that tobacco companies may have known about their products' harmful effects and kept that knowledge hidden, younger plaintiffs will have a harder time alleging that they were affected by that failure to warn, because the adverse consequences of tobacco use have been public knowledge for quite some time. Pesticides Pesticides are regulated by a number of federal agencies. Because the government approves pesticide labels, plaintiffs injured by pesticides cannot bring actions claiming they were not properly warned by labels.