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.
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.
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 formWhen your health is compromised because of a negligent medical error or mishap, you could qualify to recover compensation for the additional medical care you require, wages you miss, and other resulting damages. Our medical malpractice lawyers might be able to help you hold the at-fault medical professional financially responsible for your current medical condition in Long Beach.
Our team at Morelli Law Firm offers free consultations to victims of medical malpractice and other forms of negligence. We are ready to help you explore your legal options for recovering damages and handle each step in the process so you can get the financial support you need.
When Medical Care Providers are Liable for Medical Malpractice
A medical malpractice lawsuit is based on the legal premise that a medical professional is obligated to provide you with a specified standard of care. When that does not happen, you might be eligible to bring a case against the at-fault provider for compensation. A medical malpractice lawsuit is not limited to physicians.
You could qualify to file against a:
- Medical facility
Our team may be able to help you establish the required legal elements of medical malpractice in your case. To establish your right to financial recovery, our team will need to prove:
- The at-fault party’s responsibility to provide you with acceptable care
- The action or inaction that violated this standard of care
- How these actions caused your injuries
- The resulting financial damages you are facing
We Fight for Our Medical Malpractice Clients
When faulty medical care results in damaged health or loss of a family member, we fight hard for our client’s right to damages. Our team has previously secured medical malpractice awards such as the following:
- $41 million verdict awarded to a patient for a pregnancy-related misdiagnosis
- $40 million verdict for a partial hand amputation that was unnecessary
- $9.1 million verdict for the surviving family of a victim of a surgical error
When you are ready to file a medical malpractice lawsuit and fight for the compensation you deserve, our team can advocate on your behalf and offer the following services.
Calculating Your Recoverable Damages
Our team will use the evidence from your case to determine the types and amounts of damages to seek on your behalf. You may be entitled to compensation for:
- All relevant medical bills
- All relevant lost income
- Pain and suffering
- Physical disabilities
- Physical disfigurement
- Mental and emotional turmoil
- Loss of future earning capacity
If a medical error resulted in the death of your loved one, you may seek coverage for damages such as their funeral and burial expenses and your family’s pain and suffering.
A medical malpractice lawyer from our team can help you assess your recoverable economic and non-economic damages and ensure no financial expenses or losses are overlooked.
Obtaining a Required Certificate of Merit
As part of our services, we will also consult qualified medical experts to help define the scope of your physical injuries and the long-term damage to your health. The medical experts we work with can also help us forecast the costs of medical care you may need in the future.
Medical malpractice lawsuits filed in the state of New York require the inclusion of a Certificate of Merit, according to CVP §3012-A. This vital document proves that:
- Your lawyer has conducted a comprehensive review of your lawsuit
- A qualified medical expert has reviewed and agreed with the validity of your lawsuit
Along with finding a qualified medical professional, an attorney from our team can acquire the Certificate of Merit and attach it to your lawsuit. Although a Certificate of Merit is mandatory in most medical malpractice cases, some circumstances may allow your case to proceed without it. If this exception applies to your case, our team will let you know.
Filing Your Lawsuit Within the Allotted Time
Every civil lawsuit filed in Long Beach must comply with the state’s statute of limitations. In general, you have two and a half years to file a medical malpractice lawsuit, according to CVP §214-A.
Unlike the deadline in other personal injury cases, the deadline for filing a medical malpractice suit can be based on when you noticed your injuries rather than when they occurred. This and other details may make your filing window difficult to determine on your own.
Our team understands medical malpractice laws and knows how to identify and navigate the filing timelines in these cases. One of our attorneys can help you identify your deadline to file and prepare your case accordingly.
Get Help from Our Medical Malpractice Lawyers Today
You do not have to navigate through the required documents, consult medical experts, or negotiate with the at-fault party or their insurer on your own. If you are ready to seek damages, contact our team to get started right away. Call (212) 751-9800 to reach a Morelli Law Firm team member and receive your complimentary case review.