Who Can Be Held Liable in Defective Drug Cases in New York?
Even though the primary responsibility of drug manufacturers is to ensure that their products are safe and effective, companies rushing through the FDA approval process to get their products to market faster is not unheard of. However, drug manufacturers can be held accountable for manufacturing defects, design defects, and marketing defects that cause harm to consumers.
Drug testing laboratories are responsible for conducting tests on all medications to ensure they are safe for consumption. If a lab fails to identify issues with a drug or provides inaccurate results, it can lead to harmful consequences for patients, and thus, it may be held liable for damages.
Doctors and medical professionals
Your healthcare provider has a duty to prescribe medications by carefully considering your medical history and any other medications you are taking. If they prescribe a medication negligently or fail to warn you about known dangers associated with the drug, they may be held liable for damages.
Pharmacies and pharmacists
If a pharmacist gives you the incorrect dosage of a drug, the wrong drug, or fails to recognize a contraindication with other drugs you’re taking, you can bring a lawsuit against them for malpractice.
Wholesalers and distributors
Wholesalers, distributors, and retailers are responsible for maintaining proper storage conditions and handling drugs with care to prevent damage or contamination. If any party in this distribution chain mishandles drugs or fails to maintain appropriate conditions, leading to a drug becoming harmful, they may be held liable for damages.