Modern medicine has made incredible strides when it comes to treating various health conditions, but unfortunately, not all drugs on the market are safe. If you experienced harm due to a defective drug, you’re undoubtedly facing a distressing and overwhelming situation.
In this blog post, we will guide you through the essential steps to take if you were hurt by a defective drug, so you understand your rights, as well as your options for seeking justice and compensation.
1. Prioritize Your Health and Safety
Your well-being is of utmost importance. If you suspect a drug has caused you harm, seek immediate medical attention. Your health and safety should be the top priority, and having your condition assessed by a healthcare professional is crucial in documenting your injuries and connecting them to the defective drug.
2. Preserve Evidence
Preserving evidence is vital in any personal injury case, including those involving defective drugs. Keep all relevant documents, including the drug packaging, receipts, prescription information, and any medical records that pertain to the drug's use and its impact on your health. If possible, take photographs of any visible injuries or side effects resulting from the drug.
3. Report the Adverse Effects
Contact the U.S. Food and Drug Administration (FDA) to report the adverse effects you experienced from the defective drug. Reporting your case helps alert regulatory authorities to potential dangers and contributes to ensuring the safety of other consumers.
4. Consult a Personal Injury Attorney
Navigating the legal complexities of defective drug cases can be challenging. It's wise to call a knowledgeable personal injury attorney in New York who specializes in product liability and defective drug cases. An experienced attorney will evaluate your situation, determine liability, and guide you through the legal process with empathy and understanding.
5. Understand Product Liability Laws
In New York, manufacturers, distributors, and retailers can be held liable for injuries caused by defective products, including drugs. There are three types of defects that can lead to a product liability claim:
Manufacturing Defects: These occur during the drug's production process, making it different from the intended design.
Design Defects: These involve inherent flaws in the drug's design that make it dangerous or ineffective for its intended use.
Marketing Defects: Also known as "failure to warn," this occurs when the drug's label does not adequately warn consumers about potential risks or side effects.
6. Record Your Damages
Compensation in defective drug cases can cover various types of damages, including medical expenses, lost wages, pain and suffering, and emotional distress. Work closely with your attorney to assess the full extent of your damages, ensuring that you seek fair and just compensation for the harm you have endured.
7. Explore Settlement Options
In some cases, pharmaceutical companies may offer settlements to avoid lengthy and costly trials. While settlements can provide faster resolution, it's essential to have your attorney review any proposed settlement to ensure it adequately compensates you for your injuries and losses.
Call 855-585-2969 to Speak with a Personal Injury Attorney in New York
Suffering harm from a defective drug can be a devastating experience, impacting both your physical health and emotional well-being. However, you don't have to face this difficult situation alone. If you believe you were hurt by a defective drug in New York, turn to the resourceful team at Leitner Varughese.
With the right support and legal guidance, you can take the first steps toward healing and rebuilding your life after a defective drug injury. We counsel clients in New York City, Long Island, and throughout New York State. Call 855-585-2969 or submit our Contact Form to schedule a free initial consultation with a personal injury lawyer in New York.
