The law in most states provides several personal injury claims for persons who have been seriously injured by a prescription drug. These claims include strict liability for a defective product, breach of warranty, negligence, and misrepresentation. Damages sought against pharmaceutical companies for dangerous drug side effects and injuries include:
- Physical pain and suffering, mental anguish and physical impairment;
- Medical expenses, past and future; and
- Loss of earnings and/or earning capacity.
In the case of a patient’s death, the family of the victim may file a wrongful death action and seek damages.