How to Sue a Drug Company?
There is no questioning the fact that advancements in the pharmaceutical industry have helped countless people get healthier and live longer. At the same time, pharmaceutical companies are known to put their profits over people’s safety at times and push drugs that are not safe or drugs whose side effects are not fully known. When they do, bad things happen.
If you have been harmed or have lost a loved due to a dangerous drug, you have the right to take legal action against the drug company. With the help of a reliable New York dangerous drug attorney, you can hold the drug company accountable and recover compensatory damages for your injuries and other losses.
How Defective or Dangerous Drugs Can Affect You
Taking a defective or dangerous medication can affect you in a number of ways including:
- It might adversely react with other medications you normally take and cause allergic reactions
- It might be addictive in nature and lead to withdrawal symptoms if you stop taking it
- It might have serious side effects like blurred vision, difficulty breathing, heart palpitations, fever, seizures, loss of consciousness, blood clots, and vision loss
- It might increase the risk of heart disease, stroke, cancer, and other serious diseases
- It might affect internal organs like the liver and kidneys
- It might cause infertility
- It might cause birth defects and developmental abnormalities in fetuses if taken during pregnancy
Steps Involved in Suing a Drug Company in New York
- First, you should consult with an experienced New York dangerous drug attorney. Based on the facts, the attorney will advise you whether you have a legitimate claim against the drug company and other parties, if any.
- Once you sign up with the attorney, they will investigate your case and gather all possible evidence to support your claim. This might include your prescriptions, medical records, lab test results, reports from your physician, testimonies from medical experts, documents related to the drug’s approval, and more.
- Your attorney will work with medical experts, rehabilitation experts, vocational experts, and other experts to determine the extent of your injuries, their impact on your career and long-term earning capacity, and calculate the value of your claim.
- Your attorney will draft and file a complaint against the drug company and other liable parties and serve them with a copy of the same.
- Your attorney will try to settle the case by negotiating with the insurance adjuster. If the drug company is unwilling to settle the case, your attorney will take your case to trial, where both parties can present their arguments and evidence and the judge or jury will make the decision.
It should be noted that if a number of people have been harmed as a result of the defective or dangerous drug in question, your attorney might try to include them as plaintiffs and file a class action suit against the company.
Legal Elements to Be Proved in a New York Dangerous Drug Claim
The key elements to be proved in a dangerous drug claim are:
- The drug in question was defective or dangerous due to a design or manufacturing defect or due to the drug company’s failure to warn you.
- The defective or dangerous drug caused side effects or harmed you in any other way.
- You suffered a physical injury, developed a medical condition, financial losses, and other damages due to the use of the drug.
- You used the drug as it was meant to be used and in accordance with the instructions of the manufacturer.
Get the Leading Defective Drug Attorneys in New York on Your Side
At the Law Offices of Michael S. Lamonsoff, we believe that innocent people should not suffer due to the greed or negligence of pharmaceutical companies. It is why we are committed to providing effective, result-oriented legal representation to individuals who have been harmed by defective or dangerous drugs.
Our legal team includes expert negotiators and experienced litigators and we have the expertise and resources to stand up to powerful drug companies. Our founder Michael S. Lamonsoff is one of the highest-rated personal injury lawyers in New York and is known for his aggressive and no-holds-barred approach towards legal representation has earned him the name ‘The Bull’.
Call us today at 212-962-1020 or get in touch with us online to schedule a free consultation with a seasoned New York dangerous drug lawyer.