How long you have to file a defective drug lawsuit depends on the date your injury from the defective drug occurred. In New York, victims of product liability – including defective drug cases – have three years in which to initiate legal proceedings against the party responsible for their injuries and losses.
This deadline is known as the statute of limitations, which the state outlines in New York Civil Practice Law & Rules (CVP) §214. Should the filing deadline expire in your case, it can disqualify you from seeking damages.
It is important to begin building your case well in advance of the deadline to preserve your right to hold the responsible party accountable for your injuries. A New York defective drug attorney can keep you informed of this time limit while building your case. Call Morelli Law Firm today to discuss your options.
The Statutes of Limitations Concerning Defective Drug Lawsuits
There are certain circumstances that can alter the amount of time you have to file a lawsuit for injuries involving a defective drug.
Medical malpractice cases in New York follow a different timeline, according to New York Civil Practice Law & Rules (CVP) §214-A. This statute provides a period of two years and six months to file a lawsuit in these cases, though there are exceptions.
Cases involving wrongful death also have their own statute of limitations in New York. If you are the family member of someone who passed away due to a defective drug, New York Estates, Powers & Trusts (EPT) Law §5-4.1 gives you two years in which to file a lawsuit on their behalf.
Filing a lawsuit takes an inordinate amount of time. First, you need to find the right lawyer to represent you. Then, your lawyer can help you identify the liable party, gather evidence to support your case, and calculate your damages. The sooner you start, the less you have to worry about which statute of limitations affects your case.
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Reasons for Filing a Defective Drug Lawsuit
If any of the below apply to you, then you may have a strong case for a defective drug lawsuit:
- Your doctor prescribed the medication you took for use beyond its intended purposes.
- The instructions on the prescription label were unclear or incomplete.
- The drug caused you to experience unintended side effects that were not already known or outlined by the manufacturer.
- An error in the manufacturing process led to a mistake in the drug formula, resulting in a defective product.
Morelli Law Firm has fought–and won–for clients in the past who have interacted with a defective drug.
For example, in 2009, we won the largest vaccine verdict in American history, securing a $22.5 million award for a former Wall Street executive who contracted polio 30 years earlier after changing his daughter’s diaper. It turns out that her doctor had given her a live oral polio vaccine.
Parties Who May Potentially Be Liable for a Defective Drug
Several parties may play a role in your defective drug case, including the physician who treated you and the hospital or clinic where you received treatment. In some cases, the drug manufacturer may even be to blame for the injuries resulting from a defective drug.
Preparing a lawsuit against a pharmaceutical company can take a lot of time and resources. Your attorney will want to collect ample evidence connecting your or your loved one’s injuries to the drug.
This process involves collecting medical records and testimony from your doctor regarding your health before and after you began taking the drug. This too is a lengthy process.
Your attorney will also seek testimony from other medical professionals regarding the effectiveness of the drug for other patients. If there is a history of issues with this drug, you may be able to file a class-action lawsuit.
Morelli Law Firm is here for you, whether your case stays with you or ultimately evolves into a mass tort litigation. We have the experience and resources necessary to help.
Help with Your Defective Drug Lawsuit Is Only a Phone Call Away
Hiring a lawyer to file your defective drug lawsuit gives you peace of mind, so long as you do so within the appropriate statute of limitations. You can rest easy knowing we’re doing the due diligence for you to get you the compensation award you deserve.
Call our firm today at (212) 751-9800 for a free consultation on how to secure the compensation you deserve for your injuries.