Defective Drug Attorneys in Long Island, NY
Consumers have a right to trust that the medications they are prescribed are safe when used as directed and that the drug packaging warns of any harmful side effects. Unfortunately, some companies put on the market dangerous drugs that have serious side effects and injure those who take the drug. Unsafe drugs put the health of New Yorkers at risk.
If you or someone you love has suffered serious side effects, costly medical bills, and other damages as a result of defective prescription or over-the-counter drugs, you may be among the many victims of pharmaceutical negligence. The drug company that manufactured or marketed the medication needs to be held accountable for the harm caused. You may be entitled to compensation for your injuries.
At the Law Office of Cohen & Jaffe, LLP, our experienced Long Island defective drug attorneys fight for justice for clients injured by dangerous drugs and families who have lost loved ones due to the side effects of defective drugs. Our attorneys have more than 100 years of collective experience and have secured millions of dollars for clients in verdicts and settlements. When you contact our firm about your defective drug case, you will work directly with attorneys Richard Jaffe and Stephen Cohen. Call (516) 358-6900 today to schedule a free initial consultation.
What is a Defective Drug?
Pharmaceutical companies have a legal responsibility to produce drugs that are safe and effective for approved uses and meet quality standards. They also must provide adequate warning of any potential adverse effects of using the medication. There have been numerous cases over the years of drug companies putting consumers at risk by selling drugs that have not been adequately tested. In some cases, the harmful effects of a newer drug may not be apparent until the drug is approved and is in wide use.
If a drug is defective and causes serious injuries, the injured consumer may be able to file a lawsuit against the manufacturer. A defective drug lawsuit is a type of product liability claim that may involve manufacturing defects, design defects, of defects in marketing. The objective of a product liability claim is to hold the manufacturer of a dangerous drug liable for the harm you have suffered from taking the drug.
Defective drugs include those that:
- Contain the wrong ingredients
- Contain the incorrect drug ratios
- Are inert or contain only fillers and inactive ingredients
- Pose serious side effects
Manufacturers also may be liable if they market drugs for unapproved or off-label uses.
When you take a prescription drug as prescribed by your doctor, or dispensed by a pharmacist, you deserve to know that the drug is safe and was manufactured in a safe manner. If you believe you have suffered harm from taking an unsafe drug, you need to speak with a lawyer as soon as possible to discuss the appropriate steps to take.
Pharmaceutical Lawsuits: Can you sue a Drug Company?
If you have suffered a serious injury or adverse reaction from taking a dangerous drug, whether it’s a prescription or an over-the-counter medication, you may have a right to sue the pharmaceutical company that made the drug.
Pharmaceutical companies and their insurers hire teams of high-powered lawyers to defend them. They strive to keep payments to a minimum or find a way to deny your claim altogether. You will need an experienced Long Island attorney fighting for your interests.
Many medications have potential side effects. As part of a dangerous drug lawsuit, your attorney will need to prove you that were not adequately warned of the potential risk of taking the medication. If the drug company included warnings about possible side effects, and you decided to take the medication anyway, you may not be able to hold the company liable.
A legal action against a pharmaceutical company is similar to other product liability lawsuits. You will need to prove the drug had one or more of the following defects:
- Defective design (dangerous side effects). If the drug was manufactured correctly but has side effects that can cause harm or injury, this is a design defect.
- Defective manufacturing. defect in the manufacturing process could just affect certain lots of a medication. Only certain pills of a defectively manufactured drug are dangerous due to errors in manufacturing.
- Failure to warn: Drug makers have a duty to warn of known risks of a medicined. A lawsuit may allege that the manufacturer failed to adequately warn consumers of the risks associated with the drug.
All too often, pharmaceutical companies know that there are risks and side effects, but they intentionally conceal the information from the FDA and the public to get the drug to market quickly and start generating profits.
You need an experienced defective drug attorney who will not accept a lowball settlement for your injuries. At the Law Office of Cohen & Jaffe, LLP, we prepare each drug injury case as if it were going to trial, even though most are settled outside of court. Our thorough preparation allows us to negotiate from a position of strength and puts us in an advantageous position at trial if a full and fair settlement cannot be reached.
Common Injuries from Medications or Defective Drugs
The side effects and injuries that result from defective drugs range from minor injuries to severe injuries and even death. An attorney experienced with defective drug lawsuits can help you assess your injuries and determine whether you have a viable claim. While the types of injuries will depend on the specific drug as well as the individual, some common injuries and side effects of defective drugs include:
- Heart attack
- Liver damage
- Kidney failure
- Blood clots
- Uncontrolled bleeding
- Pregnancy complications
- Birth defects
- Increased blood pressure
- Brain damage
- Central nervous system damage
- Depression or suicidal thoughts
- Gastrointestinal problems
- Ligament damage
- Movement disorders
- Developmental disorders
- Increased risk for cancer
- Wrongful Death
Should I wait for a Defective Drug Recall to file a Medication Lawsuit?
The FDA investigates potentially dangerous drugs to determine whether their side effects outweigh their intended benefits. The FDA may order a manufacturer to add additional warnings to the labeling information of a drug or to recall a drug from the market. But many defective medicines are not subject to recalls and remain on the market.
Do not delay in contacting a defective drug lawyer if you believe you have been injured due to taking a dangerous medication. The experienced drug injury lawyers at the Law Office of Cohen & Jaffe, LLP represent clients who have been injured by dangerous or defective drugs, whether or not the medications have been recalled.
If you suspect that you may have been injured or harmed by a drug that has been recalled, act immediately.
Contact a Long Island Pharmaceutical Drug Lawyer
At the Law Office of Cohen & Jaffe, LLP, our Long Island pharmaceutical lawsuit attorney have more than 100 years of collective experience. We have recovered millions of dollars in settlements and verdicts for victims of personal injury claims and product liability claims. When you are represented by our firm, you will work directly with our law partners, Richard Jaffe and Stephen Cohen. We will handle all the complex legal issues that come with your defective drug lawsuit.
When you have an experienced Long Island defective drug attorney on your side, your chances of recovering compensation are improved. We handle defective drug cases on a contingency fee basis and are selective about the cases we can accept. A contingency fee arrangement means that you do not pay upfront costs or an attorney’s a fee unless we recover compensation for you through a settlement or jury award. Contact the Law Office of Cohen & Jaffe, LLP today by calling (516) 358-6900 or contact us online so that we can discuss your legal options.
For a free legal consultation with a defective drug lawyer serving Long Island, call 516-358-6900