People often have high levels of trust in medications. Regardless of what condition you may be using the medicine for, everyone counts on these medications to recover from illnesses, injuries, or handling the symptoms of conditions that do not have an easy cure.
Unfortunately, not all medications work as advertised. It’s possible to become adversely affected because of a defective drug. When this happens, it is considered personal injury and the drug manufacturers may be obligated to provide you with compensation for your losses. Speaking with a New York defective drug lawyer at Morelli Law Firm can help determine what course of action is available for you to take.
Concerns Regarding Defective Drugs in New York
Medications are supposed to be approved by the Food and Drug Administration (FDA) before they are placed on the market for sale. Unfortunately, the drug industry has a lot of control over the approval process to get drugs on the market.
In theory, the interference of the drug industry in FDA drug approvals means that unsafe or defective drugs may be placed on the market. These drugs can be consumed by numerous people before their negative health effects become evident and action is taken.
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Examples of Defective Drugs in the U.S.
There have been many defective drugs sold to patients throughout the country. A defective drug lawyer in New York can help individuals who have been using these medications. Some of the most recent cases involving defective drugs or medical products include:
Zantac and Ranitidine
Ranitidine products (often sold under the brand name Zantac) have recently been removed from the market by the FDA. This removal came after testing revealed dangerously high levels of NDMA in products containing ranitidine. NDMA is a probable cancer-causing substance. Many people may have developed cancer over the years after using Zantac or similar products.
Talcum Powder Products
Recently, there has been extensive concern over the usage of products containing talcum powder in New York. Studies have indicated that talcum powder may be linked to the development of ovarian cancer. This product saw widespread usage for decades in the U.S., but Johnson & Johnson pulled its talc products off the shelf in May 2020.
There are a large number of other defective drugs that have been sold throughout the country. You may want to consider legal help from an attorney if you took:
- Tequin, as an antibiotic
- Abilify or Risperdal for mental health treatment
- Mirena or Ortho Evra for birth control
- Bextra or Celebrex for pain treatment
Note that these are not the only examples of defective medications that have caused extensive harm to individuals. If you took any medication and developed a serious adverse side effect or condition, defective drug lawyers can advise you on next steps.
Defective Medications Can Lead to Serious Consequences
While many people believe they are at low risk for developing any of the long list of possible side effects for a medication, this is not always the case. A defective medication has a high chance of leaving you with serious medical conditions. These mediations may also cause side effects that were unanticipated.
You may be able to recover from the effects of a defective medication. However, in other cases, the results of consuming a dangerous medication may lead to wrongful death. You have legal options if you’ve lost a loved one due to a defective medication. A defective drug lawyer can offer you compassionate legal advice in this situation.
Who to Sue in Your New York Defective Drug Claim
Depending on the specifics of your situation, there may be multiple parties who can be held liable for a defective or dangerous drug injury. Attorneys at the Morelli Law Firm can help analyze your case and determine who you can sue for compensation in defective drug cases. With more liable parties come more avenues for the compensation you deserve.
Pharmaceutical companies can be liable for damages sustained by victims of the drugs they produce. For example, drugs can be developed with poor designs, improper mixtures of ingredients and chemicals, or additional issues that increase the risk of injury.
In some cases, drugs are manufactured properly but become defective during the distribution process. If that happened in your situation, the distributor may be liable for causing the harms you suffered.
Whether there are unsafe protocols in use by that distributor, tampering with the drugs, removal of warning labels, or other instances of neglect, our New York defective drugs lawyers can help you seek justice.
When you get a prescription filled at a pharmacy, you inherently trust that the pharmacist correctly and safely filled that prescription. Failure to do so can mean that the pharmacy or even the individual pharmacist is responsible for the injury you suffered.
Some ways that a pharmacist can be negligent include:
- Mixing the wrong ingredients
- Filling your bottle with the incorrect drug
- Using an improper or mislabeled dosage
Doctors and Healthcare Providers
Doctors, hospitals, nurses, and other healthcare professionals might be liable in rare instances of defective drug injuries. This could be the case if they prescribed the wrong medication for your condition, mixed up your prescription with another patient’s, or otherwise failed to provide the accepted standard of care.
Hiring an attorney with defective drug case experience allows you to ensure that the proper parties are held responsible for their actions and negligence, and that you get the compensation justice demands.
Compensation in New York Defective Medication Cases
A New York defective drug attorney may be able to help you seek compensation for your losses if you were hurt by a medication. Depending upon your situation, you could be eligible to receive damages to cover your:
- Stay in a hospital
- Medical testing and assessments
- Surgeries and other medical procedures
- Correct medications
- Therapy and rehabilitation
- Wages you lost from not being able to work
- Lost earning potential if you became disabled
In order to get compensation for your losses, you may have a number of legal options. Cases involving defective drugs may involve a class-action lawsuit, or even multidistrict litigation (MDL). A lawyer can help you navigate these complicated cases. You may also be able to settle with the drug company outside of court, thereby avoiding a lengthy legal battle.
Wrongful Deaths Caused By Defective Drugs
If you’ve lost a loved one due to the effects of a defective drug, you may also be able to secure compensation. A wrongful death lawyer may be able to help you get compensation for burial and funeral expenses as well as the deceased’s lost wages. Family members may also be able to receive damages for lost inheritance and lost support.
Deadlines for Filing a Defective Drug Claim in New York
In New York, a defective or dangerous drug lawsuit would fall under the statute of limitations for product liability. How long you have to file a defective drug claim is generally within three years of the date you were harmed due to a defective or dangerous drug.
It’s important that you act quickly in response to your diagnosis when you are harmed because if this deadline expires, you could lose the opportunity to collect compensation. Your case will likely be dismissed by the civil court. An attorney can help you move quickly or advise you of any conditions that may apply that would change this timeframe.
Evidence in Defective Drug Claims
When you sue for compensation from an at-fault party, especially resource-laden pharmaceutical companies, it’s crucial for you to have plenty of evidence to back your claims. The other side will fight tooth-and-nail to pay you as little as possible, if at all.
Our New York defective drugs attorneys gather and preserve evidence like:
- Medical records and photographs detailing your injuries
- Testimony from medical experts
- Testimony from you and your family regarding your lifestyle changes
- Information from your employer about lost wages due to injury
- Emails, memos, or testimony that the at-fault party knew about the drug’s defect
- Alternative, safer drug designs that the company could have used
Our law firm is known for our dedication to our clients, and that extends to the way we prepare evidence for a case. There’s a reason we’ve won billions of dollars on behalf of injured people across New York and beyond. When you fight against large drug manufacturers, you need defective drug attorneys on your side who know what they’re doing.
Get Help From a New York Defective Drug Lawyer at Morelli Law
Take charge of your future if you’ve developed a serious medical condition after taking a defective drug in New York. Find out how to get legal help by contacting Morelli Law Firm.
Contact us today to get a free consultation about building your claim. Start working with a New York defective drug lawyer with no fees required up front. You don’t owe us a thing unless we win you compensation.