What You Need to Know about How NY Pharmaceutical Liability Works

On November 24, 2017 by No Comments

If you have been injured by a pharmaceutical drug, the search for the responsible party can be complicated. In this article, you’ll learn about the various types of pharmaceutical liability cases and how a knowledgeable attorney can help you.

About 50 percent of Americans take at least one prescription drug daily. With new drugs constantly entering the market, the risk of injury increases. If you are injured by a drug, it may be due to manufacturing, side effects, or marketing.

Manufacturing mistakes

Even if the FDA approves a drug, it does not necessarily absolve the manufacturer from being responsible for your injuries. If a drug somehow became compromised between the factory and the consumer, the drug manufacturer may be held liable.

Perhaps the facility where the drug was made failed to meet sanitary standards. Or perhaps the drug was placed inside the wrong packaging. Shipping errors can also change the drug’s quality. Any time the drug is changed from its intended form may pose a health risk to you.

If your attorney can prove that the drug was damaged or altered during the manufacturing process, you may have a strong case.

Dangerous side effects

Drug manufacturers are required to post warnings of any known risks a drug may have. Your doctor and pharmacist will also warn you about potentially risky side effects. They should advise you on whether the drug’s benefits outweigh the risks.

When a drug manufacturer posts warnings of a drug’s known dangers, they cannot be held liable if those side effects occur. However, if the drug manufacturer becomes aware of a new side effect with the potential to affect many users and they fail to notify the public, it’s possible that they may be held liable for injuries due to the undisclosed side effect.

Some cases involve a time lapse issue. For example, if a pregnant woman takes a prescription drug, but adverse side effects don’t appear in her child until the child is an adult, it may be difficult to retrace the path of liability. That’s when you need the help of a lawyer with years of experience in product liability cases. They will understand what is needed to prove that you are not responsible for your injuries.

Marketing errors

Before a prescription drug reaches you, it goes through a chain of representatives. If any of the representatives tried to convince you to use the drug under false pretenses which caused you injury, that person or entity may be held liable for your injury.

Whether it was the manufacturer, sales representative, doctor, nurse, or pharmacist, each party in the distribution chain has a duty to disclose truthful information about the drug to you. If one party broke the chain with misrepresentation, they may be held responsible.

Liability with Generic Drugs

A 2011 Supreme Court case determined that generic drug manufacturers cannot be held liable for consumer injuries. The case is currently being appealed, however. As of right now, if you have been injured by using a generic drug, you still should speak with a qualified attorney as soon as possible to preserve your rights.

Bottom line? Pharmaceutical liability cases are common, but they are complex. You need an attorney with years of experience to fight for you. Contact us for a free consultation.