Drugs and medicines go through very rigorous testing regimes before they even reach a human test subject – let alone being given as prescriptions or made available for sale over the counter. Even with such strict standards, there are cases where drugs don't work the way they're supposed to.

Our product liability team of solicitors could help you make a defective drug claim for compensation if a medicine has:

  • Caused you injury
  • Caused you illness
  • Not worked due to problems in the manufacturing process
  • Caused unexpected side effects.

We may also be able to help you if you've become ill or sustained injuries while participating in a clinical trial. There are specific guidelines around whether you can claim, and our experienced defective drug lawyers have helped many clients get the compensation they deserve for this in the past.

We’ve supported clients through claims involving a number of different types of drugs, including:

Why choose Irwin Mitchell’s lawyers to handle your defective drug claim?

We've worked with people who've been given defective drugs and medical products for many years, and we understand the physical difficulties, anger, and lasting trauma which defective drugs can cause.

We also understand that it can be difficult to know who is to blame and who should be held accountable for your illness or injury. In these situations, it helps to have the experts on your side. If you've become ill because of defective medication, we'll work tirelessly to make sure you get all the support, advice, and care you need.

Our personal injury team has a great deal of experience with medical negligence and product liability claims. Our exceptional knowledge and caring staff have seen us ranked in the top band of law firms for defective product compensation claims by Chambers & Partners.

We'll talk you through what's happening with your claim in clear and simple terms. Our experience of these types of claims means that we know what needs to be done to help you achieve the best possible compensation settlement.

During the claims process, we'll work closely with you to handle every aspect of your case. We'll also ensure you can access all the medical care and support you need to help with your rehabilitation following an injury or illness.

Our Asset Management team will be there once your claim is settled, offering you guidance on how to manage your compensation. If you’re interested in investing your money, they can also give you advice on your options.

We also understand that making a claim for compensation can be stressful, so we do all we can to make the process as easy for you as possible. This includes how we communicate – we can arrange to visit you at home or in hospital, or you can meet with your solicitor at one of the many offices we have around the UK. If you’d prefer phone or video calls, we can also arrange these.

The majority of the claims we handle are on a no win no fee basis. This means that there's nothing for you to pay upfront, and that you won’t have to pay any legal fees if your claim isn’t successful.

Call us for a free initial consultation

0800 056 4110

Or we can call you back at a time of your choice

Phone lines are open 24/7, 365 days a year
Tim Annett

More information on defective drugs claims

Defective Products

Manufacturers have a duty to their customers to ensure the products they release to the market are fit for purpose and safe for their intended use."

Tim Annett, Partner

Frequently Asked Questions

What's the definition of a defective drug and what problems can they cause?

Manufacturers and distributors of drugs and medications have a legal duty to ensure their products are safe for human use. Medical professionals also have a duty to make sure the drugs they prescribe are safe and appropriate for their patients.

If a drug fails to work because of a manufacturing defect, causing your condition to become worse, you may be able to make a claim against the manufacturer.

If a drug produces serious, unexpected side effects, then it could also be classed as defective. This can be complicated, as many drugs have side effects even when they’re working properly. However, thanks to their years of experience with defective drug claims, our product liability team will be able to work out whether it’s within reason to anticipate these side effects.

Defective drug claims may also arise from drugs that were given to you while you took part in a clinical trial. If you were prescribed the wrong drug, our medical negligence specialists will be able to provide advice

If you're unsure whether a drug that’s caused you problems can be classed as defective, contact us for a free initial consultation on your case.

How long do defective drug claims take?

Each claim is different so time frames vary due to the unique circumstances of each case.

How long your claim takes will largely depend on whether the person or drug manufacturer responsible for your injuries or illness accepts responsibility for your injuries and losses. We’ll be able to settle your claim much faster if they accept responsibility. If they don’t admit responsibility, we’ll need to prove it, which may include starting court proceedings. If your claim needs to go to court, this’ll take longer.

We may also need to start court proceedings if your opponent disputes how much compensation we feel you need. If we’re unable to reach a fair settlement through negotiation, we may need to take your claim to court.

However long your claim takes, rest assured that we’ll be by your side throughout the whole process. If your claim needs to go to court, we’ll prepare you and do all we can to make you feel as comfortable as possible.

Can I make a no win no fee defective drug claim?

We can handle most defective drug claims through a no win no fee agreement. Many clients find no win no fee claims beneficial because there are no upfront fees, and there’s nothing to pay at all if your claim is unsuccessful.

However, you’ll need a suitable insurance policy to make a no win no fee claim. If you haven’t already got a suitable policy, our lawyers can take out After The Event (ATE) insurance on your behalf. This protects you from any fees if your claim doesn’t succeed.

There are other funding methods available, and one of these may be more suitable to your situation. We’ll always make sure you’re aware of all options ahead of starting your claim.

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