How Can I Seek Damages from Defective Drugs?
Do you believe you have been injured as a result of defective medication? Has a doctor told you that you are suffered injuries as a result of certain medication you are or have been taking?
Defective drugs
While many drugs are on the market to help alleviate pain and other symptoms, some drugs cause serious adverse side effects. If there is evidence that the manufacturer of the drug knew about adverse side effects and failed to warn consumers about these, you may be entitled to recover damages if you took that drug and suffered adverse side effects.
Determining liability
Defective drug cases are difficult to prove for a variety of reasons. One of the most difficult aspects to overcome is proving that a particular drug was the cause of an injury. In many cases, FDA warnings may help with this, but an FDA warning is not definitive indicator of liability. Another obstacle to overcome is the statute of limitations. Every state has a strict time limit within which a claim for injuries must be brought. If a claim is not made within the statute of limitations window and no exception exists, you may be forever barred from making a claim for your injuries.
Causes of action
The three major causes of action against drug manufacturers are failure to warn, manufacturing defect and design defects. Failure to warn is where the manufacturer fails to warn consumers of a particular danger. Manufacturing defects which result in injury due to a flaw in the manufacturer process, which results in a product which does not conform to the manufacturer’s specifications, are a second cause of action which can be brought. Finally, a design defect claim can be made where there is a flaw in the design of a drug which makes it unreasonably dangerous.
Determining if you have a claim
If you believe you have been injured as a result of a defective drug, it is important to seek medical attention right away. Health and safety should always be your number one priority. After you obtain the appropriate medical attention, you should contact an attorney to see if you may have a claim against the manufacturer of the drug. It is important to note that claims regarding defective drugs are difference than medical malpractice claims where you believe a doctor has not met the standard of care required.
Each individual’s circumstances are unique and if you are interested in a consultation, please do not hesitate to contact our office at 212-353-8700.
