Back in June, we wrote a post about strict product liability in Illinois. Today, we’re going to take a closer look at a particular type of product liability case: a pharmaceutical company’s failure to warn about the potential side effects of using its prescription medicine.
Imagine this scenario: You go to the doctor, complaining of some ailment. The doctor prescribes a medication that is intended to help you recover. Because your doctor is a good one, he or she informs you of a long list of side effects so that you know what risks are involved.
Yet, after taking the drug, you begin to experience some other adverse side effect that sends you to the hospital.
Can you sue the pharmaceutical company that manufactures the drug for failing to warn you about that side effect?
Maybe. That’s where failure-to-warn pharmaceutical lawsuits in Illinois come into play.
Failure to Warn Definition
A product liability claim alleging that a product is defective because of its inadequate warning.
In these cases, the defect isn’t in how the drug was made but in how it was marketed or labeled. A marketing defect happens when a manufacturer doesn’t disclose known risks or omits critical directions about how to use the medication safely.
For example, if a company learns its drug could trigger severe heart complications but doesn’t update its label or alert prescribing doctors, it could be held liable under Illinois law.
Failure to Warn Review: Marketing Defects
As we explained in June, strict product liability cases in Illinois involve one or more of three different types of defects. One of those is known as a “marketing defect.”
A marketing defect exists when the manufacturer of a product fails to disclose an unreasonably dangerous condition associated with that product, or when the manufacturer fails to instruct on the proper use of the product.
Exception: The “Learned Intermediary”
However, there is a wrinkle in the law for failure-to-warn cases that involve prescription medicines. That wrinkle is known as the “learned intermediary” doctrine.
Under this doctrine, a pharmaceutical company does not have to warn a patient directly about the risks associated with one of its drugs. Instead, so long as the company informs the prescribing doctor of a risk, it has fulfilled its duty to warn.
The idea behind the “learned intermediary” doctrine is that prescribing physicians are in the best position to understand the risks of using a drug and assess those risks in light of a specific patient’s circumstances. As a consequence, Illinois law puts the legal burden on doctors rather than drug manufacturers.
What happens if the pharmaceutical company doesn’t warn of a particular risk? In such cases, the “learned intermediary” doctrine wouldn’t generally apply to relieve the company of liability. However, if the physician knew from other sources about a risk, then the doctrine may still shield the manufacturer.
Pharmacists and Their Responsibilities
Pharmacists are part of the medication process, too, but their duty to warn is limited. Generally, Illinois courts view pharmacists as being protected under the learned intermediary doctrine because they act after the physician has prescribed the medication.
Still, there are two exceptions. A pharmacist may face liability if:
- They voluntarily provide an inaccurate warning to a patient.
- They know of a specific patient condition (such as an allergy or drug interaction) and fail to alert the doctor or the patient.
These narrow exceptions aim to balance a pharmacist’s role in patient safety with their professional boundaries.
Accountability, Awareness, and Action
When warnings fail, lives can change in moments. Patients may lose trust in the medical system, face mounting bills, and struggle to recover from injuries that could have been prevented. These situations highlight why failure to warn pharmaceutical lawsuits in Illinois matter—they create accountability for companies that choose silence over safety.
Through legal action, injured patients can recover compensation for medical care, lost wages, and emotional distress while pushing for stronger safety standards across the industry.
Your Rights Matter: Speak with Costa Ivone Today
At Costa Ivone, we stand with individuals across Illinois who have suffered because a pharmaceutical company failed to be transparent about its products. Our team has extensive experience handling product liability, medical malpractice, and personal injury cases.
If a prescription drug or medical device has harmed you, speak with a personal injury lawyer from our firm. We also represent injured workers; connect with a workers’ compensation lawyer for job-related injury claims.
Contact us today to discuss your case and pursue the justice you deserve.