Who you can sue for a defective drug injury depends on who is legally responsible for the cause of the injury. If the drug manufacturer did not take proper care during the design, manufacturing, or marketing process of their drug, they might be liable for your injuries. If the drug became defective during the distribution process, you might be able to sue the negligent distributor who caused you harm.
A personal injury lawyer can help you identify who to sue for your defective drug injury as part of their services to you.
Finding the Liable Party
In order to file your own lawsuit, you must determine who the liable party or parties are in your case. As already mentioned, this could be the company that manufactured the drug. All too often, large corporations cut corners when it comes to safety testing in order to save themselves money, and they do not always act quickly enough to recall a drug once a defect is discovered.
Occasionally, the liability for a drug injury lies with a negligent doctor or pharmacist who injured a patient by prescribing or supplying them with incorrect medication. In this type of case, the victim may be able to bring a medical malpractice lawsuit against their medical care provider.
A lawyer can investigate your case and determine who the potentially liable party for your injuries may be. A lawyer can also help you collect evidence of liability to use in your case, such as:
- Witness statements
- Expert testimony
- Medical records
- Relevant photographs
Calculating the Damages from Your Defective Drug Injury
In addition to identifying liable parties, another important early step in a drug injury case is categorizing and quantifying your damages. For example, your injuries may entitle you to non-economic damages, such as:
- Pain and suffering: if your injury or illness has caused your physical, mental, and emotional wellbeing to decline
- Reduced quality of life: if you need help with simple everyday tasks (e.g., getting dressed) because you can no longer live independently
- Loss of consortium: if your marriage has suffered as a direct result of your injuries
You may also qualify for economic damages such as:
- Medical expenses: if the drug caused health problems that required short-term and/or long-term medical treatment
- Related expenses: if your injuries have left you incapable of performing your usual duties (e.g., housework) and forced you to hire someone else to do them for you
- Loss of wages: if your injuries temporarily prevented you from working
- Loss of earning capacity: if your injuries permanently prevent you from working
Act Before Time Runs Out
New York places deadlines on various types of civil lawsuits.
For defective drug cases, CVP § 214 generally gives you three years to submit a lawsuit. For medical malpractice cases, CVP § 214-A generally gives you two years and six months to submit a lawsuit.
It is important to take legal action before the deadline in your case expires. Otherwise, you may lose your right to sue.
How a Defective Drug Attorney Can Help
Lawsuits can last for months, if not longer, and often require a great investment of time and effort. If you decide to hire a lawyer to represent you, they can make the entire process easier on you by:
- Evaluating your case: many firms offer free consultations and, after you hire them, will help you determine the monetary value of your case.
- Investigating your injury: a strong collection of evidence may help persuade the liable party’s insurance company to settle your case.
- Guiding you: your lawyer will address all of your concerns and give you all of the advice you need to make the legal decisions in your case.
- Handling negotiations: if the insurance company does not offer a fair settlement right away, your lawyer will negotiate to increase your payout.
- Preparing for trial: if the insurance company will not negotiate or make you a reasonable offer, your lawyer can bring your case to trial.
- Staying in touch: your lawyer will keep you apprised of all developments in your case and deliver any messages from the liable party or their insurer.
Morelli Law Firm Can Help You
To find out who you can sue for a defective drug injury and get help with your case, call Morelli Law Firm today at (212) 751-9800. Our client intake team will be happy to assess your case during this call for free, and we will charge you no fees upfront if you hire us to represent you. Our firm serves clients in New York City, on Long Island, and in New York State up to Albany.