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  • Writer's pictureLeitner Varughese Warywoda

The Dos & Don'ts of Building a Defective Drug Claim

woman looking at medication

Every medication has potential side effects, but that doesn’t mean patients simply need to accept devastating physical, psychological, or emotional injuries. If you suffered harm despite taking a medication as directed, you may have been the victim of a defective drug.

Under product liability law, pharmaceutical manufacturers, retailers, and wholesalers can be held responsible for damages their products cause. Should you be thinking about filing a claim so you can seek compensation for damages you incurred, it’s wise to seek legal counsel.

A knowledgeable defective drug lawyer can handle virtually every aspect of your claim. There remain a few things you can do, though—and a few things you can avoid—to support their efforts. Read on to learn what they are:

1. Do Preserve All Relevant Documentation

Save any and all documentation you have pertaining to the treatment you received regarding the drug in question. This might include hospital or exam logs, prescriptions, and written instructions from your provider.

If the medication was recalled while you were taking it, you may have also received correspondence from the manufacturer. Naturally, you’ll want to save that letter or email, as well.

2. Don’t Accept a Premature Payout

Drug manufacturers know just how costly legal proceedings can be. As such, they’re often highly motivated to settle.

If they reach out with an offer fairly early in the claims process, it may be tempting to accept. You should consider their angle carefully, however. After all, their best interests are in direct opposition with your own.

At the very least, it’s wise to discuss the offer with a strategic defective drug attorney before entertaining it. They’ll let you know if accepting it could mean leaving money on the table.

3. Do Log All Recoverable Damages

As soon as you have reason to believe the drug caused you harm, start recording the damages you incur as a result. In New York, recoverable damages include medical expenses, lost wages, the cost of replacement services, pain and suffering, mental anguish, and diminished quality of life.

You can log your economic damages by saving all associated documentation, like invoices and receipts. As for logging your non-economic damages, keeping a daily journal is a viable strategy.

4. Don’t Neglect Your Health Moving Forward

Personal injury claimants are expected to take reasonable measures to mitigate the losses they incur. As such, it’s imperative that you visit your doctor as soon as it becomes clear the complications you’re suffering are not normal. Make sure to prioritize your health in the aftermath, and commit to following all medical advice over the course of your recovery.

Call 855-585-2969 for a Free Consultation with a New York Defective Drug Attorney

At Leitner Varughese, we’re not afraid to take on even the largest pharmaceutical manufacturers. If you suffered serious complications because of a defective drug, we’ll help you seek compensation for the resulting damages.

We represent clients in New York, Long Island, and throughout the rest of the state. Call 855-585-2969 or fill out ourOnline Contact Form to schedule a free initial consultation with one of our New York defective drug lawyers.


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