Pharmaceuticals are an essential part of our lives. Over the years, we have trusted the industry to treat our ailments, conditions, and diseases. By the fact that the majority of us are not medical professionals or otherwise pharmaceutical experts, we don’t have a way of knowing whether a drug will be safe to use.
For this reason, we hold the industry to a high standard, hoping that the drugs will have more health benefits than their potential detriments. While most of the drugs are safe to use, sometimes a handful of new drugs may have disastrous side effects. If you suffered injuries caused by a defective drug, you may have the right to be compensated.
According to the Centers for Disease Control and Prevention (CDC), every drug must be rigorously tested by the manufacturer before being submitted to the Food and Drug Administration (FDA) for approval. Despite this, some side effects take years to be discovered. Even worse, some pharmaceuticals may be fully aware of the potential side effects of the drugs, but due to their profit orientation, they may decide to release the drugs despite the risks they pose to public health.
Such companies often hide vital details about how dangerous the drug is in a bid to get FDA approval. Not only is the behavior morally reprehensible, but it is also dangerous, and the defective drugs can alter the lives of the victims or lead to death.
If you were injured by a defective drug, a Long Island defective drug lawyer can help you get the compensation you deserve. Contact Morelli Law Firm today at (212) 751-9800 for a free consultation.
Drug Manufacturers Owe Every Consumer a Duty of Care
If a drug manufacturer produced drugs that caused a patient’s injury, the patient may file a lawsuit against the manufacturer for defective medication. But there are a lot of factors to be considered in such a situation, which is why a defective drug lawyer can be handy. There are three types of drug liability claims that you may file against the drug manufacturers:
- Defective manufacturing: You may have legal recourse against a manufacturer if you suffered injuries due to a defective or unreasonably dangerous drug produced by the manufacturer. Our defective drug lawyers are aware of the possibilities of these situations and will help you sue the manufacturer, regardless of whether they were aware of the danger, were simply negligent in their labeling, or the drug was damaged by other factors such as weather during shipping.
- Dangerous side effects: Consumers can use drugs for months or years without noticing any side effects. For example, some drugs may increase the likelihood of diabetes or stroke when used for decades. You may bring a lawsuit against the manufacturer claiming that the manufacturer knew about the risk but hid the risks from the public, or they did not know about the risk, which they should have become aware of during the testing process. Before a manufacturer submits a drug to the FDA for approval, they are expected to do thorough clinical testing to ensure that the drug is safe to use.
- Improper marketing: Marketing is not just about ads as it also involves the information written on the drug. You are entitled to know the full range of the possible detriments the drug may have, both in the long-term and in the short term. This is why the manufacturers must provide all warnings regarding the side effects, interactions with other drugs and substances, and any other warning.
Pharmacists May Be Liable
Pharmacists also have a role to play. They must dispense the right dosage of drugs to patients. They must also check your newly-prescribed drug and check if there will be any interactions with other drugs or substances you may be taking. They must give you full information about the risks, side effects along with the dosage, frequency, and other relevant information that may help you take the drug safely.
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Doctors Play an Important Role
Doctors, on the other hand, have a responsibility to prescribe the right dosage of the drug. Based on your medical history, the doctor must prescribe a drug that is safe and does not negatively interact with the conditions that you may be having or other drugs that you are taking.
A doctor who negligently fails to consider your medical conditions before prescribing a drug and as a result fails to disclose any potential harm the drug may cause will bear the responsibility for the injuries that you might suffer.
You Have a Right to Recover Damages in a Defective Drug Case
If you suffered an injury caused by a defective drug, you can ask for compensatory damages. Compensatory damages will help you recover the financial loss you might have suffered as a result of the defective drug as well as other non-economic damages such as pain and suffering. Likewise, if you lost a loved one due to a defective drug, you may seek damages for the funeral costs, loss of income, and loss of companionship.
If you are found to be partly at fault for the injuries, the amount of the compensatory damages the at-fault parties owe you may be cut down. The amount may be reduced by the percentage that you were at fault, according to New York’s doctrine of comparative negligence.
Call today for a free consultation at (212) 751-9800. A Long Island defective drug lawyer is eager to work for you.
Statute of Limitations in New York
Such a lawsuit must be filed within a statute of limitations. According to the New York statute of limitations, you must file a personal injury lawsuit within two years from the date of the incident. Failure to do so means that you will forfeit your right to claim compensation. To ensure that you don’t get time-barred, it is best to connect with a defective drug lawyer to help you file your claim within the deadlines.
Contact Morelli Law Firm to Get Help Today
If you or a loved one has suffered injuries from the use of a defective drug, speak to a Long Island defective drug lawyer at Morelli Law Firm at (212) 751-9800. Our consultation is free and if we agree to handle your case, our payment is contingent on the success of your case. That means we only get paid if we successfully recover your compensation.