How do I file a lawsuit against a pharmaceutical company in North Carolina?
Asked by user in North Carolina.
I was prescribed medication for several years. After becoming better, my ribs began to fracture easily. A doctor informed me that the medication was likely the cause of the bone fractures.
Answered by Enjuris Editors:
You may be able to file a pharmaceutical liability lawsuit if the medication you were taking was defective. Generally speaking, there are 3 types of defects:
- Design defects. A product is defectively designed if it fails to perform as safely as a reasonable person would expect, even when used as intended (or at least in a manner that was reasonably foreseeable).
- Failure to warn. Also called “marketing defects,” these focus on actions in the supply chain. The product was properly designed, but it did not have the correct instructions or warnings (for example, it didn’t accurately state the potential side effects). This lack of guidance made the product unreasonably dangerous to its intended consumers.
- Manufacturing defect. A defectively manufactured product is one that—although properly designed—left the manufacturer in a condition other than intended.
Without more information, it’s impossible for me to know whether the medication you took was defective. I would recommend meeting with a personal injury attorney in your area. You can find one near you using our free online directory.
In the meantime, you can learn more about how to choose the right North Carolina attorney here, and you can learn how to file a civil lawsuit in North Carolina here.