Skilled Pharmaceutical Drug Accident Lawyers in New York
Nearly 100 years of combined experience in personal injury law
Taking the wrong type or amount of a prescription drug can have devastating consequences, sometimes leading to death. If your family has been affected by a defective medication in New York City, speak with an attorney with Barasch McGarry Salzman & Penson as soon as possible. We have experience with personal injury and wrongful death claims related to pharmaceutical drugs, and we know how to pinpoint fault, prove negligence and negotiate fair settlements with insurance companies. For the high caliber of legal representation you need during a difficult time, work with our respected legal team.
The dangers of defective pharmaceuticals
Pharmaceutical drugs are designed to help with medical problems, but sometimes their use can lead to unintended injuries. Pharmaceutical-drug liability claims are similar to other types of products liability claims, with the addition of several special features. The three basic categories of drug-related products liability claims are defectively produced drugs, inaccurately marketed drugs and medications with unsafe side effects. When reviewing these categories, keep in mind that for some, a defective product lawsuit may involve a combination of claims.
The following are some of the most common issues our injury attorneys see:
- Defectively made drugs. This classification encompasses injuries from drugs that were defectively manufactured or damaged in some way. This defect may occur at the plant where the drug was manufactured, or it may happen during the shipping or labeling process. Generally, any mistake that occurs between the pharmaceutical drug manufacturing facility and where it is sold can be considered a manufacturing defect. These drugs can be prescription or sold over the counter.
- Medications with dangerous side effects. This group includes pharmaceuticals that have been properly manufactured but still carry harmful injury-causing side effects. In some cases, these drugs have been available for many years before it’s discovered they are dangerous. If it can be proven that the drug manufacturer was aware of the risks but concealed them, victims may also be able to receive punitive damages.
- Improperly marketed drugs. In the world of pharmaceuticals, “marketing” usually refers to a drug’s instructions, warnings or recommendations for its use. This liability category usually involves injuries occurring when the manufacturer failed to provide sufficient instruction or warning about potentially serious side effects. These injuries can be physical, psychological or emotional.
Who can be held liable?
To identify who can or should be held liable for a products liability lawsuit, consider everyone implicated in the drug’s chain of distribution. Typically, that chain proceeds as follows: manufacturer, testing laboratory, pharmaceutical sales representative, doctor, hospital/clinic and pharmacy. Once you have identified the party that you believe should be held liable, you will need to prove three things: that you were injured, that the drug was defective or poorly marketed and that the defect or improper marketing directly caused your injury. A skilled defective product attorney will help with these determinations.
Work with a trusted New York City personal injury law firm
If you or a loved one has suffered due to a pharmaceutical drug error, speak with an injury lawyer with Barasch McGarry Salzman & Penson. We offer free initial consultations, so call us today at 888.746.8212 or contact us online.