Who Can Be Held Liable in NY for a Prescription Drug Injury?

On March 29, 2018 by No Comments

There are a number of ways that you can be harmed by a prescription drug. That’s because there are also a number of different parties whose negligent acts can potentially cause your injuries.

Right now, a group of individuals from Nevada are suing the manufacturers and distributors of Abilify, saying that they were not warned about some of the drug’s side effects. The plaintiffs allege that the drug can trigger compulsive gambling. They say Abilify’s makers knew about the compulsive behavior risks. However, Ablify did not warn patients and doctors about it before the drug was marketed.

Interestingly, the company did include pathological gambling as a risk on the product packaging in Canada and Europe. However, it is not included on the packaging in the U.S. – until 2016.

In another case, a New York man alleges that Walgreens issued a wrong dosage of his prescription medication and caused injury. The prescription was written for the man to take five pills of ethambutol three times per week. However, the plaintiff alleges that Walgreens instructed him to take five pills three times per day.

Those aren’t the only entities you might be able to hold responsible depending on your specific circumstances. In this post, we’re going to look at how New York laws apply to prescription drug injuries and liability, paying special attention to who you might be filing your lawsuit against.

NY Prescription Drug Product Liability Claims

If you have an injury related to prescription drug use and plan to sue, you will most likely be filing a product liability claim. There are three different ways that a product can be defective. Your case may involve several different combinations of the following offenses.

Defectively Manufactured Prescription Drugs

If the drug was tainted in any way during the manufacturing process, and an injury occurred to you due to this defect, you may have the right to sue for damages. Errors in labeling, shipping, or bottling would be considered manufacturing defects.

Dangerous Side Effects

A drug may have dangerous side effects even if it is properly manufactured. Some drugs are on the market for years before users experience injury. If your attorney can prove that the drug manufacturer knew of the dangerous side effects but did nothing to correct the problem, you may be entitled to compensation for your injury.

Improperly Marketed Prescription Drugs

Prescription drugs are marked with instructions, recommendations and warnings to protect you from harm, because a drug company has a duty to warn you of potential hazards. However, injury can occur if the instructions are not accurate or adequate, including instructions given by your doctor, pharmacist, or other medical professional. If improper marketing led to your injury, you may have a valid claim.

Individuals or entities who may be held liable include laboratories, manufacturers, sales representatives, hospitals, clinic, doctors, or pharmacies. Check with a knowledgeable NY injury attorney to learn about your options and how to move forward.

Winning a Product Liability Claim in NY

You may file a prescription drug claim within the New York statute of limitations, which varies in different cases. It’s essential that you contact a skilled attorney who will understand the complex details of your unique case.

We will examine all areas of your case, including the type and extent of your injuries, then investigate all levels of the drug’s chain of distribution and determine which party or parties may be held responsible for you your injuries. Since this investigation requires much research, the sooner we get started, the better.

Contact us today for your free case review. We will handle the personal details of your case with the utmost respect and privacy. We will fight to secure the compensation you deserve.