Morelli Law

Your SUPER-powered WP Engine Site

Morelli Law Firm Fights for the Victims of the Bronx Apartment Fire on January 9th »
Morelli Law Logo
  • About
    • Scholarships
  • Our Attorneys
  • Results
  • Practice Areas
    • Car Accidents
    • Truck Accidents
    • Wrongful Death
    • Construction Accidents
    • Medical Malpractice
    • Nursing Home Abuse
    • Personal Injury Lawyer
    • Defective Drug
    • Employment Discrimination
    • Commercial Litigation
    • Sexual Harassment Lawyers
    • All Practice Areas
  • RESOURCES
    • FAQ Morelli Law
    • Press Morelli Law
    • Blog Morelli Law
    • Broadcast
  • Testimonials
  • Areas We Serve
    • New York Personal Injury Lawyer
    • Long Island Personal Injury Lawyer
    • Philadelphia Personal Injury Lawyer
    • Albany Personal Injury Lawyer
    • Buffalo Personal Injury Lawyer
    • Hempstead Personal Injury Lawyer
    • Huntington Personal Injury Lawyer
    • Long Beach Personal Injury Lawyer
    • White Plains Personal Injury Lawyer
    • View All Areas

877-751-9800

Request Case Evaluation

x
  • Morelli Law Logo
  • Request Case Evaluation
  • About
    • Scholarships
  • Our Attorneys
  • Results
  • Practice Areas
    • Car Accidents
    • Truck Accidents
    • Wrongful Death
    • Construction Accidents
    • Medical Malpractice
    • Nursing Home Abuse
    • Personal Injury Lawyer
    • Defective Drug
    • Employment Discrimination
    • Commercial Litigation
    • Sexual Harassment Lawyers
    • All Practice Areas
  • RESOURCES
    • FAQ Morelli Law
    • Press Morelli Law
    • Blog Morelli Law
    • Broadcast
  • Testimonials
  • Areas We Serve
    • New York Personal Injury Lawyer
    • Long Island Personal Injury Lawyer
    • Philadelphia Personal Injury Lawyer
    • Albany Personal Injury Lawyer
    • Buffalo Personal Injury Lawyer
    • Hempstead Personal Injury Lawyer
    • Huntington Personal Injury Lawyer
    • Long Beach Personal Injury Lawyer
    • White Plains Personal Injury Lawyer
    • View All Areas

Albany Defective Drug Lawyer

Home » Areas We Serve » Albany Personal Injury Lawyer » Defective Drugs

Defective Drugs

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:

Manufacturing Defects

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.

Design Defect

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.

Warning Labels

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:

Negligence

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

Strict Liability

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.

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

Albany Defective Drugs Lawyer Near Me 877-751-9800

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.

    HOW CAN WE HELP?

    TELL US A LITTLE ABOUT YOUR CASE

    Albany
    Personal Injury Practice Areas

    • Bicycle Accidents
    • Brain Damage
    • Bus Accidents
    • Car Accidents
    • Child Injury
    • Class Action
    • Commercial Litigation
    • Construction Accidents
    • Defective Medical Device
    • Employment Discrimination
    • Mass Torts
    • Medical Malpractice
    • Motorcycle Accidents
    • Nursing Home Abuse
    • Pedestrian Accidents
    • Railroad Accidents
    • Rideshare Accidents
    • Sexual Harassment
    • Spinal Cord Injury
    • Truck Accidents
    • Wrongful Death

    Additional Locations

    • Passaic Defective Drugs Lawyer
    • North Bergen Defective Drugs Lawyer
    • Englewood Defective Drugs Lawyer
    • Clifton Defective Drugs Lawyer
    • Long Beach Defective Drugs Lawyer
    • Newark Defective Drugs Lawyer
    • Huntington Defective Drugs Lawyer
    • White Plains Defective Drugs Lawyer
    • Hempstead Defective Drugs Lawyer
    • Mount Vernon Defective Drugs Lawyer

    Find Yourself a Passionate Lawyer Now!

    • Albany Personal Injury Lawyer
    • Yonkers Personal Injury Lawyer
    • Long Island Personal Injury Lawyer
    • Union City Personal Injury Lawyer
    • Philadelphia Personal Injury Lawyer
    • Buffalo Personal Injury Lawyer
    • Wayne Personal Injury Lawyer
    • Paterson Personal Injury Lawyer
    • White Plains Personal Injury Lawyer
    • New Rochelle Personal Injury Lawyer
    • Hempstead Personal Injury Lawyer

    Request A Case Evaluation

      To Top
      Morelli Law FirmCall For Your Free Consultation

      877-751-9800

      Office Location

      777 3rd Ave 31st Floor,
      New York, NY 10017

      Navigation

      • Home
      • About
      • Attorneys
      • Areas We Serve
      • Practice Areas
      • Results
      • Testimonials
      • FAQs
      • News
      • Blog
      • Videos

      Practice Areas

      • Car Accident Lawyer
      • Truck Accident Lawyer
      • Construction Accident Lawyer
      • Wrongful Death Lawyer
      • Medical Malpractice Lawyer
      • Nursing Home Abuse Lawyer
      • Employment Discrimination Lawyer
      • Commercial Litigation Lawyer
      • Defective Drugs Lawyer
      • Sexual Harassment Lawyer
      • All Practice Areas

      Latest FAQ

      • What Happens if You Get Hit By a FedEx Truck
      • Who Is Liable for a Truck Accident in New York?
      • Does Car Insurance Cover Drunk Driving Accidents in Pennsylvania?

      Latest News

      • Jenna C. Awarded TBI Survivor Scholarship
      • Morelli Law Firm Secures Largest Pain and Suffering Award in New York State History
      • Live Nation faces a NY record $20 million in pain and suffering settlement
      Terms & Conditions   |  Privacy Policy   |  Site Map
      © 2022 Morelli Law, All rights reserved.