New York Product Liability Claims Involving Dangerous Drugs
Product manufacturers produce goods and products consumers trust are safe for their intended use. This is because manufacturers are not only required abide by various guidelines and safety standards, but also laws that ensure they take appropriate steps in ensuring their products don’t pose unreasonable risks to the consumers who use them. Unfortunately, as we have seen through many newsworthy recalls and reports of injuries and deaths, manufacturers don’t always uphold their legal obligations, and cause harm as a result.
Product liability claims can enable injured consumers to pursue justice and monetary compensation for their damages after being harmed by any number of publicly available goods. These include various drugs and medications that, through the failures of manufacturers, caused consumers to suffer injuries or illnesses that could have otherwise been prevented.
At the Law Office of Dimitrios Kourouklis, Ph.D., we have helped many clients who were harmed as a result of taking dangerous drugs and pharmaceuticals they believed were safe, as well as families who lost loved ones due to fatal complications. In these product liability cases, we help clients understand their rights and how they may be entitled to compensation through holding the manufacturer liable.
Preventable injuries / illness – Product liability claims involving dangerous drugs center on proving how a victims’ injuries or illnesses more likely than not resulted from the negligence of drug manufacturers. This may be the case when medications are found to pose serious and adverse reactions in patients who take them, such as in the case of Lipitor, which was found to significantly increase risks of Type 2 Diabetes.
Wrongful Death – When patients who take dangerous drugs pass away as a result of their medication use, certain eligible family members may have the right to pursue wrongful death actions against the manufacturer. These wrongful death lawsuits are also based on product liability laws, and the failures manufacturers made in ensuring the safety of their drugs.
Failures to warn – Many product liability claims involving dangerous drugs focus on a manufacturer’s failure to adequately warn consumers about potentially dangerous side effects. Often, this stems from products that were not adequately tested and which produced side effects not previously known about. In other situations, the side effects were known and the manufacturer concealed the information from the FDA and the general public.
Statute of limitations – Like other personal injury claims, dangerous drug lawsuits have a strict statute of limitations for when lawsuits must be filed. In New York if a patient fails to bring legal action within 3 years following the date an injury or illnesses was discovered, or within 2 years from the date a dangerous drug caused death, they lose the ability to recover their damages.
Damages – Successful product liability claims enable victims to recover financial compensation from the manufacturer for their damages. These commonly include the costs of medical treatment associated with their preventable injuries or illnesses, as well as the costs of any future expected medical needs, lost wages, and pain and suffering, among others.
If you have been injured due to a side effect to a dangerous drug, you may be entitled to compensation to cover the costs. In order to determine if you have a valid product liability claim you should contact the Law Office of Dimitrios Kourouklis, Ph.D to speak with one of our New York Product Liability Attorneys and to schedule a free consultation to discuss your rights. Call us at 929-400-7608 or contact us via email to learn more about your rights so that we can obtain the best outcome for you.