Can You Sue a Drug Company for Side Effects?
Medications have the power to alleviate pain, manage chronic conditions, and even save lives. At the same time, if a drug is defective, it might not work as intended and pose a serious threat to your health and life. If and when it happens, you have the right to sue the drug company and recover compensation.
When Can You Sue a New York Drug Company for Side Effects?
Drug companies in New York are legally obligated to warn consumers about the potential risks and side effects associated with taking their drugs. They are required to inform the consumers about dosage, route of administration, contraindications, interactions with other drugs, potential adverse reactions, precautions to be followed while taking the drug, and other relevant information. When they fail to do so, they can be held liable for the damages suffered by consumers.
It should be noted that in most cases, the drug company might not notify the consumers directly about the potential risks and side effects of their drugs. Instead, they might inform the physicians, pharmacists, and other intermediaries. If they fail to inform the intermediaries about the potential side effects, and if a physician prescribes you a defective drug as a result, you can still hold the drug company liable for the resulting injuries and complications.
Apart from the Drug Company, Who Can Be Held Liable for a Defective Drug?
Apart from the company that manufactured the drug, there are several other parties that you might be able to hold liable for your injuries – depending on the circumstances. In New York, these may include:
Distributors and Wholesalers – If the drug was formulated and manufactured correctly, but got contaminated or became defective during the distribution process, the distributor or wholesaler can be held liable.
Testing Laboratory – If the testing laboratory failed to test the drug properly and detect the risks associated with it, it can be held liable for your injuries.
Healthcare Professionals – If your physician or pharmacist failed to warn you about the potential risks and side effects associated with the drug, you might be able to hold them liable as well.
What Kind of Complications Can Result from Taking a Defective Drug?
Defective drugs can cause a wide range of side effects including:
- Increased blood pressure
- Blood clots
- Uncontrolled bleeding
- Serious allergic reactions
- Birth defects
- Developmental disorders
- Liver damage
- Kidney failure
- Brain damage
In some cases, the drug might trigger an autoimmune condition, which you might have to deal with for the remainder of your life. In some other cases, the drug might not affect you right away, but might significantly increase the risk of serious diseases like heart disease and cancer in the long term.
It should also be noted that the side effects of a defective drug need not necessarily be physical in nature. It might cause psychiatric side effects like depression, rapid mood changes, violent behavior, and suicidal ideation.
What is the Deadline for Filing a Defective Drug Lawsuit in New York?
Under New York law, the deadline for filing a defective drug claim – commonly referred to as the statute of limitations – is usually three years. The three-year deadline starts from the date on which you found out that you have been injured.
If you want to sue the doctor who prescribed the drug without warning you about it, you need to file a medical malpractice claim within two years and six months.
If you have lost someone as a result of a defective drug, you need to file a wrongful death claim against the drug company – as well as other parties, if any – within a span of two years from the date of death. You should always contact an attorney right away as some statute of limitations deadlines may differ.
Injured by a Defective Drug? Get ‘The Bull’ to Fight For You!
Taking on a drug company can be a formidable challenge and you need a fighter on your side. Michael S. Lamonsoff – who is known as ‘The Bull’ - is one of the most celebrated personal injury attorneys in New York with extensive litigation experience and a long track record of success in defective drug claims. A member of the elite and prestigious Multi-Million Dollar Advocates Forum, Mr. Lamonsoff prides himself on being a tireless fighter for the rights of injury victims.
To find out how ‘The Bull’ and his legal team can help you, call us today at 212-962-1020 or use our online contact form to schedule a free consultation with one of our seasoned New York dangerous drug attorneys.