What To Know About Dangerous Drug Lawsuits in New York
By Ross Cellino
When someone mentions the phrase “dangerous drugs”, our minds tend to think of illegal and illicit drugs that are used without prescription. Yet, many prescribed medications can also pose a threat to a person’s overall health.
Pharmaceutical companies and manufacturers have a responsibility to provide safe and reliable medical products to their users, but occasionally unsafe and defective products make their way into the hands of the prescribed user. These defects can have disastrous side effects.
What Is Considered A Dangerous Drug?
While not all prescription drugs will lead to injuries or harmful conditions, there are some drugs that can. Some drugs may cause harm to a person who has taken the prescription long-term, who is not aware of any possible side effects or who develops a condition due to a defective product.
Some examples of prescription medications that have resulted in dangerous drug lawsuits are:
- Actos and Avandia: used to manage diabetes, but prolonged use was found to increase risk of bladder cancer.
- Belviq: a prescription weight loss drug, but could result in lung, colorectal or pancreatic cancer after prolonged use.
- Benicar: used to treat blood pressure, but could result in celiac disease, heart attacks or death.
- Elmiron: used to treat Interstitial Cystitis but was found to be linked to maculopathy.
- Paraquat: a popular weed killer that could lead to Parkinson’s Disease after prolonged exposure.
- Valsartan: used to treat blood pressure, but could result in liver damage, tumors and cancer.
- Zostavax: shingles vaccine which resulted in the development of shingles or other serious health conditions in those who took the vaccine.
How Are Dangerous Drug Lawsuits Filed?
Dangerous drug lawsuits are a type of personal injury lawsuit that are typically grouped with multiple other individuals who have suffered injuries from the same dangerous drug into mass torts. In a mass tort lawsuit, multiple individuals who have experienced similar injuries file lawsuits individually against a single defendant.
By filing a claim that is part of an ongoing mass tort, you may have a higher chance of recovering fair compensation for the injuries sustained. Working with a seasoned dangerous drug attorney can help to take the stress and guesswork out of the legal process, as your attorney will act as your liaison between you and the drug company, help you to file all necessary paperwork, and represent you if the case goes to trial.
When Can You File A Dangerous Drug Lawsuit?
If you or a loved one were harmed by a prescription over-the-counter medication and someone else is to blame for any associated injuries, you may be able to file a dangerous drug lawsuit if one or both of the following criteria are met.
Failure to Warn or Marketing Defects
Pharmaceutical companies are obligated to warn consumers of any potential risks associated with their product. When a product is released to the market without sufficient warnings of potential side effects or is labeled improperly, the injured party who experienced complications as a result of the company’s perceived negligence may have means to seek legal compensation.
Manufacturing or Safety Defects
In some cases, the design or manufacturing of the product can lead to unsafe defects that can cause injuries to the end user. Pharmaceutical companies are expected to provide safe and reliable products to consumers, so any individual who is harmed by a defective product may be able to seek legal compensation for their injuries.
What You Need to Prove in a Dangerous Drug Lawsuit
Like all personal injury and wrongful death cases in New York, the plaintiff, or the person bringing forth the lawsuit, has what’s known as the “burden of proof”. That means that the plaintiff must prove beyond reasonable doubt that the dangerous drug led to a serious injury or death. To establish this, you must be able to prove:
- The drug is defective
- The defect caused your injury
- You were using the drug as intended when you were injured
To prove liability, plaintiffs may use evidence that includes:
- Medical records from your physician
- Medical or pharmaceutical bills
- Safety reports and/or FDA reports
- Testimony from medical experts
Statute of Limitations To File Dangerous Drug Claims
In New York, the statute of limitations for filing a product liability lawsuit, including dangerous drug claims, is generally three years from the date of the injury. However, this can be extended in certain circumstances, such as when the injury was not discovered right away. It’s important to consult with a knowledgeable attorney to ensure that you meet all the appropriate filing deadlines.
How Do I Choose The Right Dangerous Drug Lawyer?
Finding the right dangerous drug lawyer to represent you is one of the most crucial decisions you can make when in the process of filing a dangerous drug lawsuit. An experienced attorney will be prepared to take on multiple defective or dangerous drug cases at once, since mostly all dangerous drug lawsuits are grouped with other victims to create a mass tort.
When meeting with a prospective dangerous drug attorney, consider asking the following questions:
- Are there any upfront costs in filing my lawsuit? If so, how much am I responsible for?
- How do you get paid once my case is resolved?
- Are you currently handling cases similar to mine?
- Do you have any prior experience with litigation against this type of drug?
- How long do these types of cases typically take to resolve?
- What is our probability of winning the case?
- If we don’t win, are there any expenses that I will be responsible for paying?
While the idea of filing a dangerous drug lawsuit can be overwhelming, the process can be manageable when the right attorney is hired. A competent and experienced dangerous drug lawyer should be able to answer all of your questions and concerns.
Call Cellino Law for Help With Dangerous Drug Lawsuits in New York
If you’re looking to pursue a dangerous drug lawsuit in New York, call Cellino Law. With over $2 Billion in settlements recovered for our clients, you can rest assured that our firm has the resources, knowledge, and experience necessary to fight your case. With Cellino Law, you have more than just a law firm; you’ll have a partner that understands the gravity of your situation and will tirelessly advocate on your behalf.
If you or a loved one has been injured by a dangerous drug, time is of the essence. The earlier you begin the claims process, the better the chances of preserving vital evidence and establishing a strong case.
Contact Cellino Law at 888-888-8888 for a free consultation with a member of our knowledgeable and compassionate legal team.
Content checked by the personal injury attorney Ross Cellino
Ross Cellino
As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.
