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Defective Pharmaceuticals

Defective pharmaceuticals are medications that have manufacturing flaws, harmful side effects, or inadequate labeling. These defects can lead to ineffective treatment, adverse reactions, or serious health risks for patients. They often result in recalls and legal actions against the manufacturers. At McCarthy + Co, our medical negligence team assists clients from across Ireland who have suffered ongoing health issues due to taking defective pharmaceutical products.

An assortment of medicines representing defective pharmaceutical claims.

Helpful Information

A defective pharmaceutical compensation claim is a legal action taken by individuals who have suffered harm due to defective drugs. These claims seek financial restitution for damages like medical expenses, lost wages, pain, and suffering caused by the medication’s adverse effects. They are typically filed against drug manufacturers or distributors, alleging negligence in the drug’s production, testing, or labeling. The goal is to hold responsible parties accountable for the harm caused and to provide relief to the affected individuals.

Bringing a pharmaceutical claim

You may have the grounds to bring a defective pharmaceutical claim if any of the following scenarios apply:

  • You suffered severe physical reactions – Allergic reactions, organ damage, or other significant physical health problems directly linked to the defective drug.
  • You experienced an aggravation of pre-existing conditions – Worsening of an existing medical condition due to the defective pharmaceutical product.
  • You sustained psychological trauma – Mental and emotional distress caused by the adverse effects of the drug, including anxiety, depression, or other psychological conditions.
  • The pharmaceutical caused birth defects – When a drug taken during pregnancy causes congenital disabilities or harms the unborn child.
  • You developed long-term or permanent disabilities – Chronic health issues or disabilities that arise as a result of using the defective drug.
  • You developed dependency or addiction – If the pharmaceutical leads to an unexpected addiction or dependency.
  • Wrongful death occured – In the most severe cases, if the defective drug leads to the death of the user, their family may pursue a claim for wrongful death.

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Frequently Asked Questions

Some of the questions often posed to our medical negligence team.

  • What are the time limits for bringing a claim?

    The time limit for bringing a defective medicine claim is generally two years from the date of knowledge of the injury and its potential cause. This date of knowledge refers to when the injured party became aware, or should reasonably have become aware, of the injury and its connection to the medicine.

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  • Who regulates medicines in Ireland?

    The regulation of medicines is overseen by the Health Products Regulatory Authority (HPRA), previously known as the Irish Medicines Board. The HPRA is responsible for regulating all aspects of medicines, including their authorisation, monitoring, and safety. This includes prescription medications, over-the-counter medications, and herbal medicines. The HPRA ensures that all medicines available on the Irish market meet the necessary standards of quality, safety, and efficacy. Additionally, it monitors the side effects of medicines, provides information to healthcare professionals and the public, and regulates clinical trials.

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  • Can I make a complaint about a medicine to the HPRA?

    Yes, you can. The HPRA accepts reports from healthcare professionals, patients, and the public on issues related to the quality, safety, or efficacy of medicines, including adverse reactions. Complaints can be submitted through their website, where you'll find guidance on the reporting process.

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  • How can a solicitor help me with my case?

    Your solicitor will help by advising you on the legal process, gathering evidence to support your claim, and representing you in negotiations with the responsible parties or in court. They can also help you understand your rights, the potential outcomes of your claim, and the time limits for taking legal action. By leveraging their expertise in product liability, a solicitor can increase your chances of securing compensation for any harm caused by the defective medicine, including medical expenses, lost earnings, and pain and suffering.

Start your defective medication claim

If you have suffered ongoing issues with your health due to the administration of a medicine that you believe to be defective, get in touch with our specialist medical negligence solicitors to gather more information about starting a claim. Call us on 1800 390 555 and an experienced member of staff will discuss your situation and potential next steps. You can also email on and we will get back to you as soon as we can.
Medical Negligence Team at McCarthy + Co

About McCarthy + Co

With more than 30 years of experience in dealing with product liability and medical negligence claims, McCarthy + Co. has expertise in a wide variety of fields including faulty and defective medical devices. We are a family-run business, and we pride ourselves on offering honest, impartial and helpful advice.

Our offices are based in Dublin and Cork, but we work with clients throughout Ireland in locations ranging from Galway to Waterford. You can count on us for legal advice, guidance and assistance on any form of personal injury.

Useful Resources

Some links relating to this topic that you may find useful.

Our Awards & Accreditations

We are a multi-award winning firm, accredited by the Law Society of Ireland.

Irish Law Awards 2022 - Winner of Excellence & Innovation in Client Services
Irish Law Awards 2022 - Excellence & Innovation in Client Services
Irish Law Awards 2021 - Litigation Law Firm of the Year (Munster)
Q9000 The Legal Quality Standard of Ireland
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Our Partners

Directly contact our partners via email about your case.

Flor McCarthy

Flor McCarthy

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Twitter: @flormccarthy LinkedIn: /in/flormccarthy/

wears multiple hats, not only as the managing partner of one of Ireland’s leading law firms, but also as an author, speaker and an acknowledged expert in client service, innovation and marketing.

Beginning his academic journey at UCC, Flor furthered his education with a master’s degree in law from UCD. After gaining valuable experience as a solicitor in Dublin, the allure of home and the family brought him back to West Cork to contribute his expertise to the family business.
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John McCarthy

John McCarthy

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LinkedIn: /in/johnmccarthysolicitor/

is a seasoned solicitor with almost 20 years of experience, specialises in personal injury and medical negligence claims, focusing particularly on high-value compensation cases. His extensive litigation experience spans Circuit Court, High Court and Supreme Court levels.

John's practice involves a diverse range of cases, from personal injury and wrongful death to property damage, defective products, professional negligence and judicial reviews.
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