A dangerous drug is a medication that contains a defect that makes it unsafe for consumer use. The defect may be a manufacturing mistake, design error, or marketing issue. If a manufacturer knows or reasonably should have known of the potential for heart problems on a certain medication, for example, the manufacturer has a duty to include this knowledge as a warning somewhere on the drug’s packaging or marketing. Failure to do so, resulting in consumer injuries and deaths, is negligence.
A dangerous medical device also contains a defect that makes it unreasonably dangerous for patients. Concealing these defects could make it impossible for a patient to receive the treatment he or she needs to survive. Examples of defective medical devices include faulty surgical instruments, pacemakers, prosthetics, hip replacements, intravenous filters, and insulin pumps. If a patient suffers an injury because of a defective drug or device, that patient has the right to file a product liability claim against the manufacturer or distributor.