When you visit a doctor, it is reasonable to hope that they will prescribe drugs that will effectively treat your medical issues. At the very least, you have the right to expect that the medicines will not harm you. But this is not always the case. In fact, prescription medication can easily become hazardous even when it is used as instructed and in compliance with the information on the labeling.
Despite the U.S. Food and Drug Administration’s strict restrictions and oversight, pharmaceutical drugs kill more than 40,000 people each year, according to the Centers for Disease Control and Prevention (CDC). Even more shocking is that more than 50% of all the drugs marketed in the U.S. have injurious effects on consumers.
If you have been injured due to a defective drug, you can reach out to a New Rochelle defective drug lawyer for a free consultation. At Morelli Law Firm, we understand the legal grounds upon which defective drug lawsuits may be filed.
For that reason, we can help you develop a strategy for your case and situation. We also consider the needs of those who have lost their loved ones because of a defective drug, and as such, we can help pursue justice through a wrongful death action. We are here to fight for you and hold the wrongful parties responsible for their actions.
Call (212) 751-9800 to discuss your case with us today.
We Can Help Establish a Drug Liability Case Against the Drug Manufacturer
If you have been injured by a defective drug, you have the grounds to file a defective drug lawsuit. There are three types of drug-related liability lawsuits. Your New Rochelle defective drug lawyer will analyze your situation and help you make the decision on the type(s) of lawsuit to file.
Defectively Manufactured Drugs
If a drug was improperly manufactured or tainted during the production process, you could have legal recourse against the manufacturer if you suffered injuries as a result.
Manufacturing defects occur because of errors in manufacturing that were not intended to be part of the drugs. Regardless of whether they took care during the manufacturing process, a drug manufacturer is liable for any defect that occurs during manufacturing. To prevail in this type of lawsuit, you will need to prove the drug became tainted in the factory or at any other point between the factory and the place you purchased the drug.
Pharmaceutical Drugs with Dangerous Side Effects
These cases occur when a drug, although properly manufactured, caused serious side effects to the consumer. The cause of these side effects stems from flaws in the blueprint of the drug design. To succeed with this type of suit, you must show that:
- The drug’s blueprint was unreasonably dangerous.
- The manufacturers knew about the defect, but they deliberately concealed it.
- If they did not know about the defect, they should have known or otherwise anticipated that the drugs could harm consumers.
- The manufacturer could have used a superior design and still not alter the drug’s purpose.
Improperly Marketed Pharmaceutical Drugs
Marketing, in this sense, refers to the instructions, warning, and recommendations concerning the drug. If you suffered injuries caused by a failure of the manufacturer to provide adequate warnings or instructions regarding the appropriate use of the drugs, you might be able to hold the manufacturer liable.
If you are ready to get started on your case, Morelli Law Firm is ready to meet with you. Call us a call today at (212) 751-9800 to schedule a free consultation. We can review the details of your case and offer counsel on the legal options you have.
Potential Defendants in a Drug Liability Case
Depending on the nature of your case, if you were injured by a defective drug, you can seek compensation from one or more liable parties. Any party within the defective drug’s chain of distribution could be held accountable through a product liability lawsuit.
Pharmaceutical companies could be held accountable if a mistake occurred during the design and manufacturing process or if they failed to disclose any side effects. The manufacturer, however, may not be held liable for your injuries if the products were unavoidably unsafe. However carefully they are manufactured, drugs come with potentially harmful side effects, but despite the side effects, they are still prescribed to the patient because of their benefits.
If the manufacturer provided sufficient safety warnings concerning such a product, they might not be held responsible for your injuries.
A doctor has a duty to prescribe the right medication. They must do so, taking into consideration your health history and other substances you may be taking to avoid any undesirable reaction. If they fail to uphold their responsibilities, they could be held liable for any health complications you suffer.
This is usually the last point in the chain of distribution of a drug. The pharmacist must dispense the right drug and dosage to you. A pharmacist could be held liable for any injury caused by the wrong drug and or dosage.
New Rochelle Defective Drugs Lawyer Near Me 877-751-9800
Damages in a Product Liability Lawsuit
If you suffered from a defective drug, you might be able to win financial recovery. Some of the damages you could recover include:
- Medical costs for ongoing and future treatment
- Travel costs for medical visits
- Loss of income
- Loss of earning capacity due to disfigurement and disability
- Pain and suffering
- Emotional anguish
Satisfying the Statute of Limitations Deadline
In New York, people who have suffered harm due to defective drugs have a limited time to take legal action. According to the New York statute of limitations, you must file your legal action within three years from the date of the injury, per New York Civil Practice Law & Rules (CVP) §214(5). We will make sure to file your lawsuit within the deadlines to avoid being time-barred.
Talk to Morelli Law Firm Today
If you suffered complications or severe side effects because of a defective drug, our legal team could review your case and help you understand your options for compensation. We work on a contingency-fee-basis, meaning that you will not pay us anything unless we recover damages for you.
Call Morelli Law Firm today at (212) 751-9800 to schedule a free case evaluation with a New Rochelle defective drug lawyer.