Some medications, like Elmiron, are one of a kind in their fields. These drugs remain on the consumer market because they’re effective at what they do. However, these drugs can also put your long-term health at risk because of a defect in their marketing, design, or manufacturing.
How are you supposed to react when the medication you took to protect your health does you more harm than good? When in doubt, you can reach out to a defective drugs lawyer in Union City. Morelli Law Firm can help you pursue financial support so that you can more easily recover from your losses.
When to Call a Defective Drug Lawyer
It can be difficult to realize that you’re suffering from a defective drug injury. In most cases, you’ll need to work with a medical professional different than the one who initially prescribed the medication you’re on. If you’ve noticed that your health has declined since taking a certain prescription, though, you can also bring your concerns to an attorney.
It’s our job to help you understand why it is that you’re suffering from certain exasperated health conditions. In turn, we can help you establish liability for your condition. During an initial case evaluation, we’ll also elaborate on the compensation to which your losses may entitle you.
There’s more to an attorney’s work than the building of your case, though. We want to make it as easy as possible for you to recover from your injuries. With that in mind, we can also:
- Manage communications with liable parties
- Arrange court dates
- Help you meet document submission deadlines
- Prepare you for either negotiations or a trial
- Contact witnesses for your case
- Secure professional opinions on your losses
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Establishing Your Defective Drugs Case
As mentioned, our defective drug attorneys in Union City, NJ, know how to start building up your defective drugs case. We’ll work with you to discuss the conditions that led to your injury and determine how best to address them from there. In most cases, our initial case evaluations will include questions regarding:
- Your need for the medication in question
- The amount of time for which you used the medication
- The party who prescribed you the medication (as needed)
- The medication’s manufacturer
In the meanwhile, we’ll research any product recalls issued by the medication’s manufacturer. We’ll also look for any judicial precedent related to your case. If it appears that other people have pursued civil cases due to either a hospital or manufacturer’s oversight, we can cite that case when bringing your complaint forward.
Medical Malpractice and Your Defective Drugs Claim
You can classify a defective drugs case as a medical malpractice case under certain conditions. For example, someone on a hospital’s staff may be to blame if you receive the wrong medication, medication in incorrect quantities, or are denied the right prescriptions. Here you’ll need to prove either negligence or deliberate mistreatment to carry your case forward.
If you are able to present a medical malpractice case, you’ll want to keep N.J. Stat. § 2A:14-2 in mind. This statute of limitations lets you take two years to file your case. Namely, this deadline begins either on the day your injury occurs or on the day you discover said injury.
As such, it’s said that medical malpractice claims allow you more filing flexibility than other, similar suits. Even so, you’ll want to discuss your eligibility for this kind of claim with a legal professional before pressing forward.
Product Liability and Your Defective Drugs Claim
Defective drug cases are more traditionally seen as product liability cases. These suits allow you to hold a manufacturer accountable for negligence involving a drug’s design, manufacturing, or marketing. Elmiron, for example, wasn’t originally marketed as a drug that caused eye defects, and now its manufacturers are facing several hundred civil suits.
We can work with third-party professionals to determine what kind of defect resulted in your medication-related injury. In turn, our Union City, NJ, defective drug lawyers can present evidence of that defect to both a county clerk and a judge.
That said, your defective drugs product liability complaint must be filed within two years of your injury. This statute of limitations is established by N.J. Stat. § 2A:58C-2 and both gives and denies you the right to compensation, depending on your filing date. Any attempt to file outside of this deadline will see your claim denied.
Requesting Compensation for Defective Drugs Injuries
At the end of the day, a defective drugs complaint can help you request compensation for your economic and non-economic losses. You should be able to use a case’s compensation to contend with any medical bills, lost opportunities for work, and cost of living expenses. To do that, though, you need to know what kind of support you can ask for.
In most cases, your estimated compensation should include:
- Treatment needed to undo pharmaceutical harm
- Treatment needed to address your initial concerns
- Physical therapy needed to restore your previous quality of life
- Mental distress
- Emotional distress
- Pain and suffering
Even though some losses, like pain and suffering, don’t have dollar values, you can still give them financial status. We’ll look at other defective drug or medical malpractice cases throughout New Jersey to determine what kind of financial support these conditions might entitle you to.
Understanding a Defective Drugs Settlement
There’s a chance that a manufacturer or hospital may offer you a settlement long before you consider legal action based on your losses. Settlement offers are not inherently bad things. However, they can undersell the extent to which you’ve suffered harm. Many institutions issue these offers to avoid time in court or to avoid paying you extensive damages.
You don’t have to consider a settlement offer on your own, though. You can bring an offer to our attorneys, instead. We’ll calculate the financial harm a defective drug did to you and your loved ones. From there, we’ll take our calculation and compare it against an institution’s settlement offer.
We can negotiate for maximum coverage on your behalf, particularly if it appears a settlement offer may be insufficient.
Contest Defective Drug Injuries With Morelli Law Firm
You take certain medications to improve your health. It’s more than counterproductive when those medications don’t do their job. Negligence on another party’s part can upend your progress towards a healthier life. With that in mind, don’t hesitate to hold accountable parties responsible for their actions. Our defective drug lawyers in Union City, NJ, can help.
Is it time for you to take legal action? You can arrange a case evaluation with Morelli Law Firm. Someone from our office can schedule your appointment over the phone or through our website.