A defectively designed drug is one that failed to perform as safely as a reasonable person would expect, even when used as intended.
For example, if a drug frequently causes side effects that are unreasonably dangerous when taken as directed, the drug may suffer from a design defect.
Real Life Example:Hundreds of users of Zantac, a popular drug used to treat heartburn, have filed lawsuits alleging that the drug caused them to develop cancer.
A couple of studies found the presence of the chemical N-Nitrosodimethylamine (NDMA) in Zantac. NDMA is a human carcinogen (a substance that could cause cancer).
Whether or not the plaintiffs contracted cancer as a direct result of ingesting Zantac is unclear. If the drug does in fact cause cancer, it clearly suffers from a design defect.
Learn more about the status of Zantac lawsuits.