Prescription and over-the-counter medications often help relieve symptoms, but sometimes they do far more harm than good. Over the years, hundreds of medications have been linked to serious health problems in some people.
If you took medication that made you ill, you could have a claim against the pharmaceutical company that manufactured it. A compassionate personal injury attorney could review your case and help you evaluate your legal options. Talk to a Nyack dangerous drugs lawyer from StolzenbergCortelli, LLP as soon as possible so they could work to ensure you receive a settlement that provides adequate compensation.
Prescription drugs must receive approval from the federal Food and Drug Administration (FDA). Sometimes FDA approval gives consumers a false sense of security. In fact, FDA approval means the agency believes a specific drug is effective against a particular condition and its benefits outweigh the risks for most people.
For some people, however, FDA-approved drugs have had horrible consequences. As an example, the FDA-approved weight loss drug Belviq had relatively mild side effects for most people, but over time it became apparent that users had an increased risk of colorectal, lung, and pancreatic cancer. The FDA eventually ordered the drug off the market.
Other commonly prescribed drugs that could cause significant negative health impacts include the diabetes drug Actos, which could cause bladder cancer, liver failure, and congestive heart failure; breast cancer drug Taxotere, which can cause Acute Myeloid Leukemia (AML); and Paxil, an anti-depressant linked to birth defects, gestational high blood pressure, and male fertility problems. At StolzenbergCortelli, LLP, a Nyack attorney could investigate whether a particularly dangerous drug has been linked to specific health conditions.
When a consumer seeks damages for the health impact of a dangerous drug, they must prove the medication was defective when it left the manufacturer’s control. A Nyack attorney from StolzenbergCortelli, LLP could prove a drug was defective by demonstrating that its design was faulty, an error occurred during manufacture that rendered the product unsafe, or its label or marketing was misleading or inadequate.
To prove a design flaw, the claimant must have evidence that a different design was viable and could have produced a drug that was just as effective and not as dangerous.
Sometimes an error on a production line can damage or contaminate a product, rendering it dangerous. Typically, only one batch or run of the product is defective. Sometimes the problem will remain undetected for some time, introducing a significant quantity of the tainted product into the market.
Most cases alleging a drug was dangerous focus on how the manufacturer marketed the drug and its warning label. A claimant in Nyack could assert that the label did not warn of the specific health impact the claimant suffered and that they would not have used the product if they had known it would cause a specific injury or condition.
It takes resources to prove a manufacturer produced a defective drug. Pharmaceutical companies have unlimited resources to defend their products and protect their profits, but securing the expert opinions needed to prove a drug is defective could be an expensive process.
Mass torts are one way that lawsuits against one or more manufacturers can proceed efficiently and cost-effectively. When many consumers have complaints against a single manufacturer or group of manufacturers, courts could consolidate the cases into regional groupings. Each group must prove the manufacturer liable once, and then each claimant proves their specific losses. Mass tort cases have been brought against the manufacturers of:
Many other medications have been the subject of mass tort lawsuits. Consult a Nyack defective drugs attorney from StolzenbergCortelli, LLP about whether mass tort litigation is ongoing regarding a specific drug.
Any claim seeking damages against a drug manufacturer must be timely. New York Civil Practice Law and Rules § 214 requires a claimant to file a lawsuit within three years of the injury. Many conditions, such as organ damage or cancer, take time to develop and be diagnosed. In such cases, the claimant usually has three years from discovering the condition.
The big pharmaceutical companies invest millions in developing and marketing their products, and they might invest more to defend themselves from claims their products are defective. If you plan to take on a big drug company, you need a fierce advocate fighting for you.
A Nyack dangerous drugs lawyer will not back down until you receive the compensation you deserve. Call StolzenbergCortelli, LLP today.