Pharmaceutical Lawsuits: Can you sue a Drug Company?
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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.A 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
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 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 an attorney 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.