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  • Writer's pictureLeitner Varughese Warywoda

What Kind of Evidence Do I Need to Build a Strong Defective Drug Claim?

male doctor with patient

If you suffered serious complications after taking a defective drug, you’re probably wondering what you can do to hold the pharmaceutical manufacturer accountable. While you cannot erase what happened, you may be able to secure the funds needed to put your life back together by taking legal action.

By putting together a defective drug claim, you can seek compensation for the losses you have suffered as a result of your condition. Filing a successful claim could also draw more attention to the drug in question, preventing similar incidents from occurring in the future. But what kind of evidence do you need to support your claim?

First and foremost, it's important to have a clear understanding of what constitutes a defective drug. A drug can be considered defective if it is improperly designed, contains incorrect or inadequate instructions, or is unsafe for its intended use. If you believe that a drug you took fits any of these criteria, you may have a valid defective drug claim, and it’s worth consulting an attorney.

If it turns out you have grounds for a claim, you will need to convince the insurer that the drug in question was directly responsible for the complications you suffered. As such, you should be prepared to present medical records and expert testimony from relevant specialists. If any clinical trials or studies mention the complications you experienced, their summaries could also bolster your case.

Another critical component of every successful defective drug claim is proof that the medication was flawed when it was manufactured or distributed. This can be challenging to establish, as it may require access to the manufacturer's internal records. Thankfully, a resourceful and strategic attorney should be able to help you gather this evidence by applying legal pressure.

Finally, you’re going to need to convince the insurance adjuster that you incurred actual, recoverable losses as a result of the complications you suffered. Examples include medical bills, missed wages, and the cost of replacement services, all of which you can prove using associated documentation.

New York tort law also recognizes non-economic damages. If you want to seek compensation for losses like mental anguish, diminished quality of life, and pain and suffering, you’re going to have to present additional evidence. Examples include detailed journal entries, psychological evaluations, and statements from friends and loved ones.

Call 855-585-2969 to Discuss Your Case with a New York Defective Drug Attorney

If you want to take action against a pharmaceutical manufacturer, don’t go it alone. With so much at stake, you’re going to want strategic legal counsel, and you can count on getting it from the seasoned team at Leitner Varughese.

Our attorneys have more than 35 years of collective experience in legal practice, and we’re proud to counsel clients in New York City, Long Island, and throughout New York state. To schedule your free case review with a New York defective drug lawyer, call 855-585-2969 or complete the Contact Form on our website.


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