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Can I Sue for a Defective Medication?

Posted by NY Legal News | Jul 13, 2022 | 0 Comments

A defective medication can lead to a multitude of medical complications. These complications range from mild side effects to severe allergic reactions and life-threatening effects. Some people may suffer worsening symptoms or use a medication that fails to treat their medical condition. Consider talking to a New York City product liability attorney if you have questions about how to file a lawsuit.

Common Causes of Defective Medications

The United States Food and Drug Administration (FDA) recalls new medications each year, for a variety of reasons. Some of the most common causes of defective medications include incorrect dosing,

Can I Sue for a Defective Medication?

contamination, mislabeling, and medication defects. These errors may happen during the design, manufacturing, or shipping of the medication.

Recalls happen when the medication is deemed harmful to the public and must be removed from shelves. Some recalls are more serious than others. Class I recalls are done for medications that have been known or could cause injuries or death. Whereas class II recalls are for medications that induce temporary negative effects. Lastly, class III recalls handling medications with labeling mistakes.

Faulty medications can result in mild to severe consequences depending on the defect. For example, a minor mislabeling error may lead to a simple lack of information about the product. However, a mislabeling error that lists the wrong dosage or frequency to use the medication could lead to an overdose.

Accidental contamination of a medication product during factory production can be as severe as death. This could be caused by deadly chemicals, cancer-causing chemicals, or chemicals that induce severe allergic reactions. Too much of one ingredient due to a factory error can also lead to severe side effects or overdoses.

How to Sue the Pharmaceutical Company

A pharmaceutical company can be sued with a product liability claim if it sold a defective medication that caused harm to the public. This harm can be mental or physical and may include damages like pain and suffering, emotional distress, and medical costs. The three types of defects you can sue for are:

  • Design defects
  • Marketing defects
  • Manufacturing defects

Design defects exist in the product itself. They impact every released version of the medication. Common examples might be medications that were not adequately tested in labs before public release. These medications may come with adverse side effects.

Manufacturing defects occur when factory errors are made. They may only impact one or a small subset of released products. One example would be the wrong dosage. Marketing defects involve mislabeling, like when allergy warnings or safe use instructions for the medication are not listed.

Try contacting a New York City product liability lawyer if you have questions about suing.

New York City Product Liability Attorney

Going up against a pharmaceutical company alone can feel intimidating. Contact the Sullivan and Brill Law Firm by dialing (212) 566-1000 to speak with a New York product liability lawyer for a free consultation today. Our Westchester legal team is prepared to help you obtain compensation for medical bills, pain and suffering, and lost income. We serve clients throughout New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.

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