Defective drug lawsuits are classified as product liability lawsuits. To win such a lawsuit, you must generally prove that:
You were injured by the product or suffered other losses. It is even possible to recover for emotional distress (with physical symptoms) even if you were not directly injured by the product.
The product was defective – it had a design defect, a manufacturing defect, or a “warning defect” (i.e., a lack of proper warnings).
The defect actually caused your injury.
You were using the product as the manufacturer intended it to be used.
Proving that the product was defective is often the most difficult part of a product liability lawsuit, especially if you are claiming a design defect.