Can You Sue a Drug Company?

A drug company can be held liable for injuries caused by its drugs if the medication:

• Had unlisted or hidden side effects that downplayed the drug’s risks
• Included design defects that made the drug inherently unsafe
• Underwent improper or incomplete clinical testing that falsely represented the drug as safe
• Was marketed with misleading or false claims
• Had manufacturing defects that made the drug inherently safe

Drug injury lawsuits are usually product liability claims that involve strict liability for defective products. Strict liability means that the product maker is responsible for the defect in the product, even if they didn’t intend to create the defect or didn’t know about it. The lawsuit must prove that the drug caused harm because of:

• Design defects: The drug’s inherent formulation is dangerous.
• Manufacturing defects: The drug was contaminated or made unsafe during the production process.
• Marketing defects: The drug’s risks weren’t adequately communicated.

Drug injury lawsuits are complex and must comply with regulatory and legal standards. Plaintiffs must prove that the drug likely caused their injury with evidence like medical records, studies or expert testimony.

The U.S. Food and Drug Administration (FDA) approves drugs for the market. But FDA approval doesn’t stop people from filing personal injury lawsuits for harms discovered after a drug was approved, although there can be legal hurdles.

Motley Rice is actively involved in the following drug-related cases:

• Weight loss drugs (e.g., Ozempic®, Wegovy®, Mounjaro®): These lawsuits allege users were not properly warned of serious side effects related to GLP-1 RA use. These alleged side effects include vision loss, blood clots and severe gastrointestinal issues. As of November 3, 2025, more than 2,910 lawsuits were pending in In re: Glucagon-like Peptide-1 Receptor Agonists (GLP-1 RAs) Products Liability Litigation, MDL No. 3094.
• Depo-Provera®: These lawsuits allege long-term use of the injectable birth control medication may be associated with reduced bone density and other side effects. As of November 3, 2025, there were 1,225 lawsuits pending in In re: Depo-Provera (Depot Medroxyprogesterone Acetate) Products Liability Litigation, MDL No. 3140.
• Dupixent®: Motley Rice is currently reviewing potential lawsuits involving the prescription-injection drug for potential links to vision complications.
• Oxbryta®: While a first-of-its-kind medication used to treat sickle-cell disease (SCD), the drug is under review for potential undisclosed severe and potentially fatal risks.

Patients and their family members (in the case of wrongful death or if someone is incapacitated) who have been harmed by dangerous drugs can file a drug company lawsuit to recover:

• Medical costs for present and continuing care
• Lost income and diminished earning capacity
• Pain and suffering and emotional distress
• Punitive damages in cases of gross negligence or fraud

Can I still sue if the drug was FDA-approved?

Yes, FDA approval does not shield drugmakers from liability if safety issues emerge later. In Wyeth v. Levine, the U.S. Supreme Court held that “although the FDA has technical expertise, it lacks the resources to continuously oversee all of the thousands of drugs on the market.” FDA approval serves as a minimum standard. But litigation related to medical drugs can force drug companies to pay attention to safety issues involving the drugs they sell.

What is the statute of limitations?

A statute of limitations is the amount of time that is available for people to file lawsuits after an injury. Time limits for drug-related lawsuits vary by state. They are typically two to four years from a medical diagnosis or discovery of harm.

However, these laws can be complicated and nuanced. It’s important to reach out to a lawyer if you believe you’ve been harmed by a medical drug, even if you think the statute of limitations may have passed.

Are harmful drug claims grouped into class action lawsuits?

Harmful drug litigation may be filed as class action lawsuits, but they are more likely to be grouped into multidistrict litigation (MDL) if the cases are in federal court.

• In a class action, people with similar legal claims sue a defendant as a group in a single case and divide the settlement or judgment.
• In an MDL, each plaintiff has their own case. But, all similar cases are consolidated in a single federal district court, which can reduce costs, delays and conflicting pretrial rulings.

Motley Rice understands the potential pain, serious side effects and health problems these defective drugs can have on you. When you are harmed, so is your family. We approach each case as a unique situation and will work with you to help you understand the often complex legal and scientific aspects involved in medical litigation.

As the business and science behind the medical industries grow increasingly complicated, our attorneys are committed advocates for people harmed by dangerous drugs. We work to bring about change to the pharmaceutical industry.

Our team helps people harmed by medical drugs:

• Identifying potentially harmful drugs and devices
• Investigating whether the medication is linked to your illness or injury
• Reviewing the manufacturer’s compliance with FDA regulations
• Examining whether the manufacturer's warning about potential side effects was adequate
• Uncovering potential manufacturing defects or issues with the manufacturing process
• Identifying other issues that could affect your potential claim
• Reviewing the applicable statute of limitations

Read about our medical drug litigation experience.

Do not stop taking a prescribed medication without first consulting with your doctor. Discontinuing a prescribed medication without your doctor's advice can result in injury or death. Ozempic, Wegovy, Mounjaro, Depo-Provera, Dupixent and Oxbryta remain approved by the U.S. Food and Drug Administration.