3 FAQs About Filing a Defective Drug Claim
When you take medication as prescribed by your doctor (or as instructed by the label), it’s reasonable to assume you’re going to feel better. At the very least, you certainly shouldn’t feel worse.
As many patients have come to learn, however, drugs don’t always work as they should. Sometimes, they can cause devastating side effects, including life-threatening complications, even when taken as directed.
If you’re suffering physically, psychologically, or emotionally after taking medication and you think it’s because the drug in question was defective, you may have grounds for legal action. Since filing such a claim is inherently challenging, however, it’s wise to familiarize yourself with the proceedings before getting started.
Read on for the answers to some of the most frequently asked questions about putting together a defective drug club:
1. Who Might Be Liable for the Damages Caused by a Defective Drug?
The party whom you take action against will come down to the nature of the defect. Was the drug itself the issue? Was the formula problematic? If so, the manufacturer may be liable.
Perhaps the drug was prepared incorrectly or stored improperly. Should that be the case, the pharmacist may be responsible.
There are also scenarios in which a medication has been labeled improperly. When incorrect dosage instructions or insufficient warnings are to blame for damages, the company that designed and applied the label—or the advertising agency that marketed it—is likely liable.
2. What Kinds of Damages Can You Seek by Filing a Defective Drug Claim?
Those who are hurt by defective drugs can seek compensation for virtually all the damages they incur as a result. Examples include medical bills, lost wages, and the cost of reasonable and necessary replacement services like domestic help.
New York tort law also recognizes non-economic damages like mental anguish, diminished quality of life and pain and suffering. Claimants typically demonstrate the extent of these losses using personal journal entries, psychological evaluations, and statements from loved ones.
3. How Long Do You Have to File a Lawsuit Against a Drug Manufacturer?
If the liable party refuses to settle, you may have to bring a formal lawsuit, and in the state of New York, you’re going to have a limited amount of time to do so. The typical statute of limitations for personal injury actions is three years. For those involving wrongful death, however, it’s just two years.
Since there are a few other exceptions to this filing deadline, it’s advisable to consult a defective drug attorney as soon as possible. After evaluating the facts of the case, a knowledgeable lawyer will ensure your case gets underway well before you run out of time.
Call 855-585-2969 to Speak with a Defective Drug Attorney in New York
Think you might have grounds for a claim against a pharmaceutical corporation? To determine the best way forward, turn to Leitner Varughese. We counsel victims across New York City, Long Island, and the rest of the state.
Our tenacious team has secured more than $150 million in settlements and judgements on behalf of our valued clients. Call 855-585-2969 or submit the Contact Form on our website to schedule a free initial consultation with a defective drug lawyer in New York.