Would you believe that thousands of defective drugs and medical devices are recalled each year by the U.S. Food and Drug Administration? It’s true! Here is their recall dashboard. Anyone who has been injured by a defective drug may pursue compensation for their injuries.
If a drug or a defective medical device has hurt you, speak with a Hempstead defective drugs attorney at Morelli Law Firm. We’ve helped thousands of people pursue claims against defective drugs, from single plaintiffs to mass torts. Pharmaceutical companies know our firm from past cases and know you mean business if you hire us.
Differences Between Defective Drug Cases and Personal Injury
The crucial difference between a defective drug case and other personal injury cases is that there are more methods of winning a case. Personal injury cases use the legal concept of negligence to establish fault, but there are two others in defective drug cases.
The first is breach of warranty. When we buy a product, like a drug, there are certain promises that come along with the product. One is that we get what we think we’re buying. If you buy a box of Cheerios and the box contains Fruit Loops, that’s a breach of warranty. For drugs, an important warranty is that the drug does what the manufacturer says it does and that it’s safe.
The second is strict liability. We all know drugs are powerful and dangerous. Strict liability means that, without admitting fault, the defendant is still liable for the harm you received. Under New York law, defective drug cases could fall under the rules for strict liability.
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Who Can Be Sued in Defective Drug Cases?
Another major difference is that there are many parties that could be part of your lawsuit. There is a chain of custody for every drug sold. At any point along the chain, something could happen that could make the drug dangerous to use.
- The manufacturer could take shortcuts in safety testing and release a dangerous drug.
- The doctor or pharmacist could give you the wrong kind or dose of medication, or fail to keep abreast of the latest safety information.
- The safety testing labs may have made a serious mistake and gave people the wrong conclusions.
- The distributor may have stored the drugs incorrectly, and caused them to become dangerous or ineffective (e.g. insulin stored at the wrong temperature)
A defective drugs lawyer in Hempstead can determine all the potentially liable parties and gather evidence to see who is most responsible for your injuries.
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What Damages Could I Receive?
The damages in defective drug cases are like other personal injury cases. Non-economic damages are common in drug cases. The worse your injury is, the more likely you will be awarded things like pain and suffering damages or reduced quality of life damages.
You may also be eligible for economic damages related to your injury, like medical expenses, lost wages, lost earning capacity, and any other related expenses. In egregious cases, you might even receive punitive damages, especially if negligence caused the case.
The exact amount you could receive is impossible to determine without knowing all the facts of your case. If your case becomes part of a mass tort, that will also affect how much you could receive. Our lawyers will do our best to get you a fair settlement under the circumstances of your case.
Why Work With a Defective Drugs Lawyer?
Pharmaceutical companies know that some of the products they manufacture could be dangerous. They have armies of lawyers looking out for lawsuits and will try their best to put the blame on you or someone else. Why should you enter this fight without an advocate, especially if you’ve been injured?
When you have a lawyer, you can focus on recovering from your injury while our team investigates your drug injury. We can draw together any evidence of other people’s injuries from the drug, get opinions from medical experts, and handle all negotiations and filing deadlines for your lawsuit.
You don’t have to fight for compensation alone, nor should you! By the time you got up to speed with all the things you’d have to know, you could breach the statute of limitations for your injury and cannot file at all. In New York, you have three years from your injury to start your claim.
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Get Help With Your Defective Drug Injury Today
If you’ve been injured by a drug, you have many legal avenues to receive compensation. Find out which ones apply to you by contacting our Hempstead defective drugs lawyers. Your suit could save many lives if our investigation finds that the drug that hurt you was dangerous.
To get started, call us or use our free case evaluation form to schedule a consultation. Morelli Law Firm will listen to your story and go over your legal options.