The manufacturers who sell and distribute dangerous prescription drugs usually anticipate that some injuries may occur. Because of this, they have many strategies for dealing with prescription drug liability lawsuits. Thanks to product liability laws, you have the absolute right to get compensation for defective and dangerous prescription drugs and to consult a qualified attorney.
You may be entitled to compensation for your injuries as well as punitive damages for things such as:
Just because something is labeled as “medicine” doesn’t mean it isn’t possibly defective and dangerous. These dangerous drugs, which are still getting approved for use, pose severe health threats. They have caused significant injuries and disabilities, which can lead to hospitalization and even complex surgeries… and will continue to do so.
An approval by the FDA doesn’t necessarily mean that a drug is actually safe. While the process for FDA approval is obviously very comprehensive, there is still a rather large margin for error. Here are a few important things you need to know about dangerous prescription drugs.
Every day, people living in the United States are injured or killed by dangerous prescription drugs. More than half of all Americans take at least one prescription drug in their lifetime. As people age that number increases. It is time to learn about prescription drug liability.
In the last decade, the Food and Drug Administration (FDA) has approved somewhere around 24 new drugs each year, unfortunately including many dangerous drugs that can pose health risks and serious long-term side effects.
If you watch the news you’ll see quite a few recent recalls of certain drugs. That is because lately there are more and more people being injured by severe side effects of dangerous drugs. These severe injuries and fatalities are on the rise even despite some actions taken by major federal agencies and health administration authorities.
Did you know that between 2004 and 2008 alone, Pfizer (a major pharmaceutical company), took in $245 billion? Eli Lilly, who makes Zyprexa, made $36 billion during that same time period.
Statistically speaking, the pharmaceutical industry (medications and drug manufacturers) has had a tendency to rake in astronomical profits, which allows them to move quickly from one faulty drug to the next. Consequently, these billionaire companies also happened to pay out approximately $7 billion in fines, penalties and lawsuits between the years 2004 and 2010.
The number of consumers who receive medical treatment for problems related to dangerous prescription errors has jumped more than 50% in the last ten years. There are fortunately laws that give injured consumers restitution if they are injured because of a manufacturer’s negligence.
Lawsuits pertaining to prescription drugs involve a special area of the law called “product liability.”
Historically speaking the basis for product liability law developed over several centuries. English courts even developed the doctrine of caveat emptor, which means, “Let the buyer beware.”
However, a landmark lawsuit in 1916, “MacPherson v. Buick Motor Co.,” made it clear that manufacturers of defective products must be held responsible for making their products reasonably safe, in addition to being liable for foreseeable injuries caused by their negligence.
The product liability responsibility means that manufacturers must foresee potential risks and deliver products that are free of defects. A plaintiff in a products liability case can file legal claims for injuries caused by product defects.
There are three kinds of defective drug claims:
1) Defective design
This claim occurs when the drug is dangerous because of the way it was created or designed.
2) Defective manufacturing
This claim occurs when a drug is shown to have become defective during the manufacturing phase. These claims include a fault or ignoring manufacturing steps, damage and/or contamination in the shipping process and even errors by a doctor’s office.
3) Defective marketing
These lawsuits can bring claims against the manufacturer or anyone else involved in the chain of advertising and distribution: from laboratories, sales reps, doctors/pharmacies, to retailers and even hospitals.
At Greenberg & Stein we take protecting consumers very seriously. As a consumer and citizen, you deserve to be protected against dangerous and defective drugs. Whether prescription drug liability claims are filed before or after the FDA gets involved, prescription drug liability lawsuits put pressure on manufacturers and marketers to right their wrongs.
If you have sustained injuries caused by defective drugs you will want experienced, professional lawyers who are well versed in local New York state and federal laws.
At Greenberg & Stein, we can help you determine what specifically caused your personal injuries from dangerous drugs, whether your situation merits legal action, and help you get the reimbursement you deserve.
If you have been a victim of a defective drug you have the absolute right to get compensation but do not hesitate, because there are time constraints when dealing with major drug and device manufacturers such as the statute of limitations.
Medical lawsuits are very complicated by nature; when it comes to defective drug cases each of them has its own unique features–and exceptions, such as “drug warnings.” (For example, it is difficult to challenge an unavoidably unsafe drug accompanied by an appropriate warning.) However, the experienced injury law team at Greenberg & Stein can help you challenge the adequacy of such drug warnings.
Regardless of the circumstances, we want to help you receive the compensation you need in order to recover from your injuries. Contact Greenberg & Stein, P.C. to discuss your drug injuries with a member of our legal team.