Defective Drug Lawyers

When prescription medications cause unexpected harm, patients face not only physical suffering but also overwhelming medical costs and financial strain. Defective drug lawsuits provide a legal option for individuals harmed by pharmaceutical products that were improperly tested, manufactured, or marketed to consumers.

At Cooney & Conway, our attorneys bring over six decades of experience securing compensation for injured victims. Our legal team combines thorough knowledge of drug regulations with aggressive advocacy to hold pharmaceutical companies accountable for the harm their products cause.

Call  (800) 322-5573 for a free initial consultation

What Makes a Drug Defective Under Illinois Law?

Under Illinois law, a drug may be considered defective when it:

• Contains a manufacturing flaw
• Inadequate warning label that fails to disclose known risks
• Dangerous design defect that makes it unsafe for consumers

The Illinois courts generally follows strict liability principles in pharmaceutical cases. This means manufacturers can be held responsible regardless of whether they exercised reasonable care if their product caused harm when used as intended.

Illinois applies the “consumer expectation test” and “risk-utility test” to determine if a drug is legally defective. These tests examine whether the medication performed as safely as an ordinary consumer would expect and whether its risks outweigh its benefits. Pharmaceutical companies have a duty to warn consumers about dangers discovered after a drug enters the market. Failure to provide adequate warnings about significant side effects constitutes a serious breach of legal obligation to Illinois patients.

Who May Be Eligible to File a Defective Drug Lawsuit in Chicago?

Individuals who have suffered harm after taking prescription medication as directed may be eligible to pursue legal action against pharmaceutical manufacturers, distributors, or healthcare providers in the Illinois court system.

Patients with Documented Injuries

Those who can provide medical records showing injury, illness, or adverse health effects directly linked to taking a defective drug have the strongest grounds for filing a lawsuit. Your medical documentation should establish a clear timeline between taking the medication and the occurrence of symptoms.

Family Members Filing Wrongful Death Claims                           

Immediate family members can pursue wrongful death lawsuits when a defective drug contributed to or caused the death of their loved one. Illinois law allows spouses, children, and sometimes parents or siblings to seek compensation for funeral expenses, loss of financial support, and emotional suffering.

Patients Not Warned of Known Risks

Individuals who were not properly informed about known drug risks by the manufacturer’s labeling or their healthcare provider may have grounds for a “failure to warn” claim, even if the drug itself was not defectively manufactured.

Class Action Participants

Patients suffering similar injuries from the same defective drug may join existing class action lawsuits or multi-district litigation. This allows individuals to strengthen their cases by combining their resources against powerful pharmaceutical companies.

What Compensation Can I Recover After a Defective Drug Injury in Chicago?

Victims of defective drug injuries in Chicago may be entitled to compensation that addresses both the immediate and long-term consequences of pharmaceutical negligence.

• Medical Expenses: Coverage for all related treatments, hospital stays, surgeries, medications, and rehabilitation costs
• Lost Wages: Compensation for income lost during recovery and reduced earning capacity if long-term disability results
• Pain and Suffering: Financial recognition of physical pain and emotional distress experienced
• Permanent Disability: Additional compensation for lifelong limitations caused by the defective drug
• Loss of Enjoyment of Life: Damages for inability to participate in activities previously enjoyed
• Punitive Damages: Awarded compensation in cases where manufacturers showed gross negligence or deliberate misconduct
• Wrongful Death Damages: Includes compensation for funeral expenses, lost financial support, and loss of companionship when a defective drug causes fatality

What Symptoms May Result from a Defective Drug?

Defective medications can cause a wide range of negative effects that vary based on the specific drug, its chemical composition, and individual patient factors.

• Organ Damage: Severe liver or kidney dysfunction, heart problems, or lung complications
• Neurological Issues: Seizures, cognitive impairment, memory loss, or nerve damage
• Blood Disorders: Abnormal clotting, internal bleeding, or reduced blood cell production
• Severe Skin Reactions: Rashes, blistering, Stevens-Johnson syndrome, or toxic epidermal necrolysis
• Gastrointestinal Distress: Severe abdominal pain, bleeding, persistent nausea, or chronic digestive issues
• Birth Defects: If taken during pregnancy, certain defective drugs may cause congenital abnormalities
• Psychological Effects: Suicidal thoughts, severe depression, anxiety, or other mental health crises
• Allergic Reactions: Anaphylaxis, severe respiratory distress, or widespread inflammation
• Cancer Development: Some defective drugs have been linked to increased cancer risk with long-term use.
• Unexpected Drug Interactions: Dangerous side effects when combined with other medications that were not properly disclosed.

What Injuries Can Defective Drugs Cause?

Defective medications have the potential to cause serious injuries that can dramatically impact their quality of life and require extensive medical intervention.

• Cardiovascular Injuries: Heart attacks, strokes, blood clots, or irregular heartbeat requiring emergency treatment
• Liver Damage: Acute liver failure, hepatitis, or chronic liver disease
• Kidney Failure: Acute or chronic kidney damage potentially requiring dialysis or transplant
• Respiratory Distress: Lung scarring, pulmonary fibrosis, or breathing difficulties
• Autoimmune Reactions: Lupus-like symptoms, rheumatoid conditions, or immune system dysfunction
• Metabolic Disorders: Diabetes, thyroid dysfunction, or severe hormonal imbalances
• Reproductive Harm: Infertility, sexual dysfunction, or complications during pregnancy
• Vision Impairment: Partial or complete vision loss, retinal damage, or other ocular injuries
• Hearing Loss: Tinnitus, partial hearing impairment, or complete deafness
• Bone Marrow Suppression: Reduced blood cell production leading to anemia, infections, or bleeding disorders

Understanding Different Types of Defective Drugs

Defective drug victims should be aware of pharmaceutical products that commonly lead to defective drug litigation, as each could present unique risks and legal considerations.

Manufacturing Defects

Manufacturing defects occur when medications become contaminated during production, contain incorrect ingredients, or have improper dosages. These errors typically affect specific batches rather than the entire product line and can result from poor quality control, equipment malfunction, or human error during the manufacturing process.

Design Defects

Design defects are an inherent flaw in a drug’s chemical formulation, making it inherently dangerous, even when produced exactly as intended. These medications cause harm regardless of perfect manufacturing because their core composition creates risks that outweigh their benefits.

Marketing Defects (Failure to Warn)

Marketing defects involve failed warnings about known or foreseeable risks associated with medication. Drug companies are legally obligated to disclose potential side effects, contraindications, and drug interactions on packaging and marketing materials.

Off-Label Promotion

When pharmaceutical companies improperly market drugs for conditions not approved by the FDA, they may encourage prescriptions that expose patients to unjustified risks. While doctors may legally prescribe medications for off-label use, manufacturers cannot actively promote these unapproved applications without safety data.

Defective Over-the-Counter Medications

Nonprescription drugs sold directly to consumers must also meet strict safety standards. Manufacturers are liable when these products contain harmful ingredients, incorrect dosage instructions, or inadequate warnings about potential interactions.

Dangerous Dietary Supplements

Though regulated differently than prescription drugs, dietary supplements that cause harm may still lead to valid legal claims if manufacturers make false claims about safety or efficacy, fail to disclose risks, or include harmful ingredients not listed on labels.

How Long Do I Have to File a Defective Drug Claim in Illinois?

In Illinois, the statute of limitations for filing a defective drug claim is generally two years from the date you discovered or should have discovered your injury and its connection to the medication. This “discovery rule” acknowledges that pharmaceutical injuries often develop gradually or may not be immediately attributed to a particular drug, giving victims additional time beyond when the actual injury first occurred.

Illinois law also imposes a statute of repose that creates an absolute deadline for filing product liability claims (including defective drug cases) of 12 years from the date of first sale or 10 years from the date the product reached the end consumer, whichever comes first. However, exceptions exist for cases involving fraud, manufacturers’ concealment of known dangers, or specific catastrophic injuries.

Who Can Be Held Liable for Defective Drug Injuries in Chicago?

When pharmaceutical products cause harm, multiple parties may share legal responsibility for resulting injuries to Chicago residents.

Pharmaceutical Manufacturers

Drug manufacturers are responsible for ensuring the safety of their products when used as directed. They must conduct thorough clinical trials, accurately report adverse events to regulatory authorities, and continuously monitor their products’ safety after market approval.

Testing Laboratories

Independent labs that conduct or study drug trials may be liable if they falsified data, overlooked critical safety signals, or failed to follow proper testing protocols that would have identified dangerous side effects before the drug reached consumers.

Distributors and Wholesalers

Companies that distribute medications are legally responsible for safely storing and handling products. Distributors may share liability when contamination occurs during transit or failing to implement proper recall procedures for known defective products.

Pharmacies and Pharmacists

Local pharmacies may face liability when dispensing errors occur, such as providing incorrect medications, improper dosages, or failing to identify dangerous drug interactions that should have prompted additional physician consultation.

Prescribing Physicians

Doctors who prescribe medications can be liable if they ignore known contraindications, fail to consider patient allergies or medical history, or prescribe drugs for inappropriate off-label uses without proper justification or patient consent.

What To Do If You Suspect Your Injuries Are From a Defective Drug

If you believe a prescription medication has caused unexpected health problems, taking immediate action can protect both your physical well-being and legal rights to compensation.

• Seek Immediate Medical Attention: Document all symptoms thoroughly with healthcare professionals and explicitly mention the medication you suspect.
• Do Not Stop Taking Medication Abruptly: Consult with your doctor about safely discontinuing the drug to prevent withdrawal complications.
• Preserve Evidence: Keep the medication bottle, packaging, remaining pills, and all prescription information.
• Request Medical Records: Obtain copies of all relevant test results, doctor’s notes, and hospital records
• Report to FDA: File an adverse event report through the FDA’s MedWatch program
• Document Everything: Keep a detailed journal of symptoms, dates, medical visits, and conversations with healthcare providers
• Research Similar Cases: Look for FDA warnings, recalls, or existing lawsuits involving the same medication
• Avoid Signing Documents: Do not sign releases from pharmaceutical companies or accept settlement offers
• Contact Cooney & Conway: Schedule a free consultation with our experienced Chicago defective drug attorneys
• Act Promptly: Remember that statute of limitations restrictions may limit your time to pursue legal action

How Our Chicago Defective Drug Attorneys Help Your Case

Our attorneys work closely with medical experts to establish the link between your injuries and the medication. We manage all aspects of evidence collection, including obtaining company documents that may uncover prior knowledge of associated risks. By evaluating individual litigation versus joining a class action lawsuit, we position your case for the best possible outcome. We negotiate aggressively with pharmaceutical companies and prepare for trial if a fair settlement cannot be reached.

Our Chicago defective drug attorneys maintain open and consistent communication throughout the process, ensuring you stay informed about case developments. We handle all paperwork, filing deadlines, and coordination with your healthcare providers to ensure your medical needs are fully addressed while pursuing the compensation you deserve.

Schedule a Free Consultation with Our Defective Drug Lawyers

When dangerous pharmaceutical products cause serious injuries, victims deserve full compensation for medical expenses, lost wages, and pain suffered. Taking action against negligent drug manufacturers requires an experienced legal team that is familiar with complex pharmaceutical litigation and federal regulations governing medication safety and approval processes.

At Cooney & Conway, we are more than just lawyers—we are advocates who care deeply about achieving the justice and compensation you deserve.

Billions recovered for our clients. Call: (800) 322-5573