We trust that the medications prescribed by our doctors are not only going to improve the quality of our lives but will also be safe to use. When this trust is broken, and a drug injures you, you may have legal recourse against at-fault parties.
Drug companies have a moral and legal obligation to ensure that their products are safe and do not cause harm to patients, according to the National Center for Biotechnology Information (NCBI). Even though most drugs pass through the Food and Drug Administration (FDA) for approval before being used in treatment, dangerous drugs still enter the marketplace through some loopholes. These drugs cause serious harm and injuries to patients, sometimes even death.
At Morelli Law Firm, we are committed to holding drug manufacturers and every other negligent party responsible for the harm they cause with civil legal action. An Albany defective drug lawyer may be able to help. Contact us at (212) 751-9800 for a free case evaluation.
Grounds for Product Liability
If a defective drug injured you, you may have grounds to file a lawsuit against the manufacturer, wholesaler, or distributor. Depending on the type of defect, you may hold at-fault parties responsible on grounds such as:
These are errors that occur that are not intended to be part of the product. In most cases, just a small percentage of the drugs will have an error. Regarding the theory of strict liability, the manufacturer is liable for any manufacturing defect, regardless of whether they took extreme care throughout its manufacturing process. To prevail in a manufacturing defect lawsuit, you will need to prove that the product was defective by the time it was leaving the factory where it was being produced.
This type of defect is an error found in the overall design of the product that creates a hazard for potential users. If the error was present, all similar products will be found to be defective. To establish grounds for a design defect claim, the situation must fulfill one or all of the following conditions:
- The drug design was unreasonably dangerous before manufacturing
- It was plausible to anticipate the design of the drug could harm the consumers
- There was an option of using a superior drug design and still not alter the purpose of the drug
Failure to Warn
If a defective drug injured you, you may file a product liability lawsuit against the manufacturer if they failed to warn you of potential hazards or withheld some critical information regarding the same. The distributors could also be held accountable on similar grounds.
Drug manufacturers must warn consumers of potential hazards using legible labels, offer an extensive explanation, and use pictures and diagrams to enhance the consumer’s understanding. The warning label must:
- Make the consumer aware of the existing hazards
- Reveal the risk and severity of harm the product is likely to cause
Types of Product Liability Lawsuits
Depending on circumstances around your case, your case may fall under one or all of these product liability cases:
To prevail in a negligence case, you will need to prove that the manufacturer failed to exercise reasonable care during their manufacturing or design of the product, thus causing your injuries. You must demonstrate the manufacturer owes you a duty of care to sell a safe product. Secondly, you will need to show that the manufacturer breached the duty of care they owe you knowingly or in a manner in which they should have known. You must also prove that the defective drug caused your injuries. Some of the factors that could lead to a manufacturer’s negligence include:
- Releasing the product too hastily
- Failure to test the drug sufficiently
- Failure to foresee reasonably probable uses for the product
Under a strict liability claim, you will only need to prove that the drug is defective and that you suffered injuries as a result. If there is a defect in the drug, the manufacturer will be held liable for the injuries and damages you suffered, regardless of whether they exercised caution or care during their design and manufacturing. There is, however, a caveat to this. You must have purchased the drug in the chain of distribution. If the products were purchased elsewhere, you may not be eligible to file a claim under the doctrine of strict liability.
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Doctors and Pharmacists Owe Their Patients a Duty of Care
Doctors must ensure that they put reasonable care when prescribing medications to their patients. They must give prescriptions considering a patient’s medical history and other drugs they may be using at the time. Pharmacists should dispense the right drug and dosage to the patient making sure that the drug does not adversely react with other drugs the patient may be taking.
When these medical professionals fail to live to these responsibilities and cause you harm, you may hold them legally responsible for your damages.
You Have the Right to Recover Damages in a Product Liability Lawsuit
Injuries from a defective drug can cause physical and emotional suffering, as well as a debilitating financial burden. If a defective drug injured you, you may recover economic and non-economic damages and punitive damages in special cases. Our legal team will defend your legal rights by helping you recover damage, such as:
- Medical cost, both for current and future treatment related to your injuries
- Lost wages for the days you were incapable of working
- Loss of earning capacity due to chronic condition, disability, or a disfigurement
- Pain and suffering, taking into consideration the extent of your pain and how long you will live with the pain
- Emotional anguish
Morelli Law Firm Can Help You
We understand how devastating it can be when a drug does more harm than good to you. That is why we are dedicated to helping you build a strong case against the responsible parties and pursue the maximum compensation available under the law. Contact Morelli Law Firm today at (212) 751-9800 to speak to a team member during a free case evaluation.