Taking medicine is a regular part of life for millions of people in New York, with many people using prescription or over-the-counter drugs to handle both chronic conditions and temporary illnesses or conditions. Unfortunately, not all drugs are safe, with many medications featuring defects that can cause severe reactions or even create the likelihood of more severe illnesses such as cancer.
If you have suffered physical harm due to a defective drug, you can seek compensation for the expenses and psychological impacts of that harm through New York’s product liability claims process. An attorney with experience in defective drug claims from Dalli & Marino, LLP can provide more information about how this process works and can give you the support you deserve.
Who Is Liable For Harm as a Result of Defective Drugs?
In New York, there is strict liability for defective products that cause harm to consumers, including defective medications. Strict liability means that the manufacturer, distributor, or retailer can be found legally responsible for needing to compensate those who were harmed without the injured party having to prove that the at-fault party was negligent. Additionally, pharmacies can be liable for injuries resulting from providing the wrong medication or wrong dose to patients, and healthcare providers can also be liable for prescription errors.
An experienced liability lawyer can evaluate your case for free and help you determine who is liable for the harm you suffered due to the defective drug based on the unique facts of your case. They can also help you gather the evidence needed to prove the claim and help you pursue the matter with the at-fault party’s general liability insurer or even the court. Many defective drugs harm more than just one person, and these cases often carry a potential of resulting in mass litigation, which involves many similar claims against the same defendant.
What Type of Compensation Is Available Through a Defective Drug Claim?
If you’ve been injured due to a defective drug, you can seek compensation for the expenses of your injury. Economic damages include payment of medical expenses, lost wages resulting from the inability to work due to the drug’s effects, or even permanent loss of future earning capacity if the effects of the defective drug are so severe that a disabling injury results.
You can also seek compensation for the non-economic damages of the harm you suffered. This refers to compensation for the psychological impacts of the injury you suffered, such as physical pain and suffering, emotional distress, inconvenience, or loss of the enjoyment of life.
While manufacturers are strictly liable for product defects, in some cases, there are also punitive damages available when it can be shown that the manufacturer acted with extreme indifference toward the safety of consumers. Punitive damages are awarded as a way of financially punishing the manufacturer in order to cause them to take more precautions to avoid causing harm to those who use their products.
How Are Defective Drug Cases Proven?
There are several types of evidence that can be used to prove a defective drug claim. Product defects are often discovered through scientific studies and testing that can reveal impurities and hazards that can cause harm to consumers. In some cases, the medication will be recalled due to enough complaints being received by the Food & Drug Administration (FDA) and other federal product safety watchdogs. Additionally, reports from other consumers who have experienced the same negative outcomes after using the medication can also be used as evidence of a product defect.
In addition to proving that the product was dangerous, the claimant and their attorney must also show proof of the physical and economic damage that was incurred. This can include medical documentation showing that the claimant was treated for injuries or illness stemming from defective medication, as well as information from their employer regarding wage loss that the claimant suffered due to the medication’s effects.
If You Were Injured Due to a Defective Drug, Contact Dalli & Marino, LLP
Medication is taken in order to improve one’s health. However, defective drugs may cause the opposite, resulting in more severe illnesses, physical injury, or even death. If you have suffered physical harm as a result of a defective drug, it can be difficult to understand how to begin the process of seeking compensation for the expenses and impacts of your injury. The legal team at Dalli & Marino, LLP has helped New York’s injured with a variety of personal injury claims for many years, including those involving defective drugs.
With a focus on providing personal attention, quality representation, and advocacy, the attorneys at Dalli & Marino, LLP are able to handle even the most challenging defective drug claims. For a free case evaluation, contact us online or by calling (888) 465-8790.
