When someone is injured by a drug sold legally, who pays for that injury? How do victims receive justice? Lawyers who specialize in defective drug cases lead the fight, whether it is one person injured or thousands.
Morelli Law Firm is well known in cases like these, and we have defective drugs attorneys in Long Beach, NY, ready to help you with your case. Let us offer our expertise to you so that you can receive just compensation for taking a defective drug.
What Is a Defective Drug?
A defective drug doesn’t have to be recalled by the FDA for you to win your lawsuit. All it has to do is cause you a serious injury. Sometimes, the evidence from a defective drug case can be used by the FDA to issue a recall, so your case could save lives.
Many drugs on the market come with serious side effects. If you’ve seen any advertisement for a drug, you’re quite familiar with the long lists. Drug companies must put those lists in to avoid the chance of a lawsuit. They have a duty to warn the public about the side effects of drugs.
However, sometimes, a drug company will hide a rarer side effect, or fail to detect it, and cause users to get injured. Naturally, the drug companies will say their product is safe. Our defective drug lawyers in Long Beach will work to prove otherwise and help you get compensation.
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Doesn’t the FDA Stop Defective Drugs?
Yes, but not always, and the modern situation is somewhat problematic. First, the same administration both approves drugs and issues recalls for drugs. This can embarrass the administration should they let a dangerous drug slip through the testing process.
Another major concern is that a sizable portion of the FDA’s budget comes from testing fees for new drugs. The pharmaceutical companies, who are supposed to be watched by the FDA, are helping to foot the bill for its regulation. It also puts incentive on the FDA to approve more drugs to get more money.
If the FDA fails to do its job properly and a defective drug gets to the public, it’s up to defective drug lawyers to defend the interests of the victims. Morelli Law is known for its history of success in defective drug cases. You can learn more about that by viewing our psat results.
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What Makes Defective Drug Cases Different From Other Personal Injury Cases?
There are more avenues to sue a responsible party in a defective drug case because it involves a sale. These cases sit at the intersection of personal injury and commercial litigation, the two major areas of law we specialize in.
For example, we could sue a drug company under the rules for strict liability. For certain kinds of products, manufacturers and stores can be liable for damages even if an injury wasn’t their fault. Drugs fall into this category, along with other dangerous things like firearms.
There is also the question of warranties. There are certain warranties built into all products that, if they are breached, put a company at risk for liability. For instance, if you were sold a drug that claimed to be one dose but was a different dose, that could injure you and make the company liable.
Will I Become Part of a Mass Tort?
If a drug injures many people, your case could become part of a mass tort. This sometimes worries people because they think they’ll get less money, but a mass tort is different from a class action lawsuit.
In a class action lawsuit, everyone gets the same amount of money no matter how much they’ve been injured. In a mass tort, the amount you get is adjusted based on certain factors.
Also, instead of joining a class as a single party of plaintiffs, your case still gets to be heard individually, and the evidence between all the plaintiffs can be shared. Thus, if your case becomes a mass tort, it could be much easier to prove you deserve compensation.
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Get Help With Your Defective Drugs Case
There have been many high-profile defective drug cases in the news over the past few years, including the case about talcum powder causing cancer. The public deserves to be compensated for defective drugs even if they came on the market decades ago.
To see if you qualify for compensation after a drug injury, call Morelli Law Firm’s defective drugs lawyers in Long Beach, NY, for a free consultation. You may also contact us online through our free case evaluation form.