Do I Have a Claim If the Drug or Device Was Never Recalled?

Possibly. A recall is not always required for a potential claim. A recall can provide useful safety information, but it is not the only factor, and a product that has not been recalled could still become the subject of litigation.

The reverse is also true. Being injured by a recalled product does not automatically establish a valid lawsuit. The product, alleged defect, warnings, medical evidence, and injury all require evaluation.