If a pharmaceutical product does not work as intended or as advertised by its manufacturer, an injury is possible. When you experience adverse side effects from medication, a Nanuet dangerous drugs lawyer from StolzenbergCortelli, LLP could help you hold pharmaceutical companies responsible.
A person who suffered injuries from a dangerous drug has a legal right to pursue compensation for their losses, including medical bills and the pain and suffering that the drug caused. Be sure to speak to our committed personal injury attorneys to discuss your case if you are considering filing a lawsuit.
Dangerous drug lawsuits are classified as product liability claims and companies that manufacture drugs for public use are legally obligated to ensure the medications are reasonably safe. New York law holds pharmaceutical companies and manufacturers strictly liable for the consumer’s harm when a bad drug injures them in an unforeseen way. In product liability claims, the defendant’s intent or negligence is immaterial to the claim. If a bad drug causes harm to a consumer, the company is legally responsible.
There are three types of recognized drug defects that a Nanuet attorney from StolzenbergCortelli, LLP could pursue a lawsuit under: manufacturing, design, and marketing.
This occurs during an error in the drug manufacturing process. In these cases, the product would have been safe if made correctly, but due to a mistake in the assembly, it ended up defective and a consumer suffered injuries. Drug companies are strictly liable in these circumstances.
This means the drug is inherently dangerous based on its design. Drug companies and manufacturers can be held responsible if there was a safer design that the company could have reasonably utilized.
Drug companies must warn consumers about known dangers and side effects of medication. Because of this, drugs come with a list of possible side effects. Nevertheless, drug companies and manufacturers are liable for marketing defects if they fail to warn a consumer about a known risk of the drug.
The entire distribution chain may be legally responsible for the consumer’s injuries in dangerous drug litigation. When multiple parties are liable for a consumer’s injuries, it is beneficial to consult with legal counsel
For example, a drug manufacturer could be responsible for manufacturing or marketing defects of a dangerous drug. At the same time, the company or even the doctor who prescribed the drug could also be liable if they fail to inform the patient about known side effects or other risks. Sometimes, even the pharmacist could be liable if they filled the wrong prescription or gave an improper dosage.
It can be complicated to determine who is liable in a dangerous drug lawsuit; there are often several parties who share responsibility. Plaintiffs should discuss a potential claim with a Nanuet dangerous drug attorney from StolzenbergCortelli, LLP who could identify who is liable for the consumer’s injuries.
Those injured by dangerous drugs must file their claim within the statute of limitations. New York gives injured persons three years to file a lawsuit against the entity responsible for the dangerous drug. When someone dies because of the defect, their loved ones have two years to file an action for wrongful death.
If you or someone you love were harmed after taking a dangerous drug, a Nanuet dangerous drugs lawyer from StolzenbergCortelli, LLP may investigate whether a manufacturing, design, or marketing defect is to blame for your injuries.
When prescription drug companies overlook rules and regulations designed to protect consumers, they should be held liable. Drug companies must adequately test and label products for consumer use; and when they place a drug on the market without proper testing or warning to consumers, they should be held accountable for the adverse side effects.
Contact us now and learn if you have a viable claim for compensation.