Defective Drug Claims
Defective drug claims arise when a medication causes harm due to issues like manufacturing errors, design flaws, or inadequate warnings. These cases often involve pharmaceutical companies, distributors, or healthcare providers who fail to ensure the drug’s safety.
Victims of defective drugs may suffer side effects ranging from mild complications to life-threatening conditions, which can greatly impact their quality of life. A defective drug claim is a way to pursue justice for the harm suffered. These claims usually involve:
- Design Defect: The drug’s formulation is inherently unsafe, even when produced correctly. For example, a medication might have a chemical composition that causes severe side effects that are not disclosed to users.
- Manufacturing Defect: An error during production, such as contamination or incorrect dosage, renders the drug harmful. For instance, a batch of pills might contain a toxic substance due to a factory mistake.
- Failure to Warn (Marketing Defect): The manufacturer fails to provide adequate warnings or instructions about the drug’s risks. A common example of this defect involves taking a drug known to cause heart issues that lacks proper labeling. In this case, the manufacturer can be liable.
To successfully bring a claim for a defective drug in New York, it helps to prove the drug’s defect, the harm caused, and the liable party’s negligence or misconduct. But you don’t necessarily need to prove negligence under New York’s strict liability laws. All you need to prove is that someone made or sold a defective drug that injured you.
The legal team at Finz & Finz, P.C. has successfully secured multi-million-dollar verdicts and settlements for the victims of diverse product liability cases. We have the resources to hold powerful corporations accountable so that you can secure your rightful compensation for your injuries and losses.
Why Work With Finz & Finz, P.C.?
When seeking legal representation for a defective drug case, selecting the right legal team is essential to effectively managing the challenges of a product liability case in New York. The legal team at Finz & Finz, P.C. is dedicated to ensuring everyone achieves justice.
We have a distinguished history of securing substantial settlements and verdicts against major pharmaceutical companies. Our attorneys leverage over 4 decades of experience to build robust cases and ensure clients receive maximum compensation for their injuries. Our consistent success demonstrates our ability to hold powerful corporations accountable and deliver results on your behalf.
Over the years we have been in practice, we have noted that every case demands unique attention and strategy formulation. Every client receives individualized attention tailored to their unique circumstances in our firm.
Our legal team will seek to understand the physical, emotional, and financial toll of defective drug injuries and craft legal strategies that reflect your specific needs. We also adopt a compassionate approach that fosters trust and ensures you feel supported throughout.
Importantly, we have deep legal knowledge of manufacturers’ negligence claims and access to top medical experts, investigators, and industry specialists, which allows us to thoroughly investigate your defective drug claims.
This approach has helped our clients by allowing us to uncover compelling evidence to challenge pharmaceutical giants and build compelling cases. We have robust resources to ensure no detail is overlooked and strengthen the likelihood of a favorable outcome.
Also, we understand that you could have suffered an injury from a defective drug when your financial resources are very low. We don’t want this to be a barrier to justice.
So, we operate on a contingency fee basis, where you only pay legal fees when we successfully recover compensation. This plan also aligns your success with our interests, so you are confident that your defective drug lawyer is working in your best interests.
How Much Is My Defective Drug Case in New York Worth?
The worth of a defective drug case in New York varies according to the specific circumstances of your situation. Because there is no case that is exactly similar to another, your New York defective drug attorney will thoroughly assess various elements in your case to determine the potential value of your claim.
Your compensation combines the damages as outlined in your claim.
Healthcare Costs
The costs of treating injuries caused by a defective drug can build up quickly, especially if the damage is serious.
These costs include:
- Hospital bills
- Surgeries
- Prescription medications
- Physical therapy
- Ongoing care for long-term or permanent conditions
For example, if the drug caused organ damage requiring extended treatment, all related past and future expenses are considered. The more extensive and prolonged the medical care, the higher the compensation sought to cover these costs.
Lost Income and Earning Capacity
If the defective drug’s harm limits your ability to work, you may be entitled to recover lost income. It includes income lost during recovery and, in severe cases, compensation for diminished earning potential if you cannot return to your previous job or work at all.
For instance, a professional unable to perform their duties due to neurological damage from a drug can claim significant losses. Detailed documentation, such as pay stubs and employer statements, helps quantify this impact.
Pain and Suffering
This category compensates for physical pain and emotional distress caused by the defective drug. Physical pain might result from severe side effects like chronic migraines or mobility limitations, while emotional distress can include depression or fear stemming from the ordeal.
Courts evaluate the duration and intensity of these effects; a drug causing lifelong disability may warrant higher awards. These damages aim to address the significant personal toll on your well-being.
Wrongful Death Damages
If a defective drug leads to the death of a loved one, surviving family members may pursue wrongful death damages. In New York, the personal representative of the deceased’s estate usually files the claim, with damages distributed to eligible relatives.
For instance, if a defective drug caused a fatal heart attack, the family could seek recovery for both economic and emotional losses that reflect the profound impact of their loss.
Punitive Damages
Courts may award punitive damages when a drug manufacturer’s actions are particularly reckless, such as knowingly selling a harmful drug without proper warnings. These damages go beyond compensating your losses and aim to punish the company for extreme negligence and deter future misconduct.
Engaging an attorney in your case is essential to help secure adequate compensation for your defective drug case. We will meticulously gather evidence to demonstrate the drug’s harm and the manufacturer’s liability to build a strong case that fully captures your losses.
We will also negotiate with insurers and, if need be, litigate in court to seek the maximum compensation possible.
Types of Defective Drug Cases in New York We Handle
Our attorneys have handled diverse cases involving numerous drugs known to cause serious side effects and injuries. Whether the defect lies in the drug’s design, manufacturing process, or lack of adequate warnings, our team is prepared to pursue justice against negligent manufacturers and distributors. We can handle claims involving defective drug cases:
- Opioid painkillers linked to addiction and overdose.
- Proton pump inhibitors associated with kidney disease and other risks.
- Zantac and ranitidine products recalled due to cancer-causing contaminants.
- Antidepressants like Prozac connected to birth injuries and suicidal ideation.
- Diabetes medications known for cardiovascular and renal side effects.
- Blood thinners such as Warfarin and Pradaxa that may cause uncontrollable bleeding.
- Weight-loss and hormone drugs like Belviq linked to serious cardiovascular events.
- Neurological and psychiatric medications with severe mental health side effects.
- Chemotherapy and hormone therapy associated with permanent complications.
If you or a loved one suffered harm after taking a defective medication, you may recover compensation for your damages.
If the insurance company blames you for your injuries because, for example, you did not follow dosage instructions perfectly, you may still recover damages under New York’s pure comparative fault law. We can shield you from those accusations.
We will investigate your case, identify the drug’s defect and the injuries, and pursue justice against the responsible parties.
Some of the most common injuries associated with defective drugs in New York include:
- Blood Clots: Certain drugs, such as hormonal contraceptives, may increase the risk of blood clots, potentially leading to conditions like pulmonary embolism.
- Increased Cancer Risk: Some drugs, like Zantac, have been linked to carcinogenic impurities, raising the risk of cancer.
- Heart Attack: Some defective drugs, including weight loss medications, can strain the cardiovascular system, causing heart attacks that may result in permanent damage or disability.
- Internal Bleeding: Blood thinners can cause uncontrollable internal bleeding when defectively designed.
- Liver and Kidney Damage: Drugs such as proton pump inhibitors may harm vital organs, leading to chronic liver or kidney disease, dialysis, or organ failure.
- Stroke: Medications that affect blood pressure or clotting can trigger strokes, causing long-term neurological impairments.
- Wrongful Death: In the worst cases, the overdose of defective drugs such as opioids can cause heart failure and eventually result in fatal outcomes.
We will assess the type and scope of your injuries to value your claim correctly. Fortunately, our firm provides complimentary consultations to discuss your injuries and how they have affected your life, allowing us to explore your legal options together. Contact us today to help fight for your rights and hold the negligent parties accountable for the harm caused by their products.
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