New York City Personal Injury Law Blog

Defective Medicines and Personal Injury

Posted on Jul 3, 2017 in Medical Malpractice, Personal Injury, Personal Injury FAQs

Personal injury due to faulty medicine

It is often seen that defective medicines too, can be a cause of personal injury when the victim consumed certain medication that resulted in the said injury. These injuries may also result from side effects or contra-indications about which the manufacturer issued no prior warning to the user.

Such law suits are generally class action suits because they usually affect multiple plaintiffs together. Take for instance, the case of Thalidomide, a drug that was introduced to the US market to prevent and/or reduce morning sickness in pregnant women. While the drug sure tackled the condition well, soon it was seen that babies with severe physical and neurological deformities were being born all over the US.

This ultimately led to a federal inquiry which revealed that the mothers of all these children had consumed the drug prior to delivery. Lawsuits were file extensively across the US and every verdict went against the manufacturer which nearly went bankrupt in having to pay compensation to all aggrieved parties.

A similar case also involved a major US-based drug manufacturer, which launched an anti-hypertensive medication in the market and which subsequently became very popular. However, users soon started complaining of splitting headaches and blurred vision in some cases also just like some people are complaining about the ACA health care law and how it has affected businesses and jobs but that is another topic.

Furthermore, an inquiry revealed that two of the compounds in the drug were contra-indicated to each other. Moreover, there was no specific mention of this anywhere in the product literature. A federal court not only ordered immediate withdrawal of the drug from the market but heavy compensation to all concerned.

Your rights as a victim

If you are a victim of such defective medication and are able to prove it, you will be liable for damages pertaining to all medical expenses, future earnings, lost wages, suffering & pain and/or emotional trauma caused.

However, do remember that the limitations statute applies to defective drugs cases. That’s why you need to act promptly. If your case is strong enough, the guilty pharmaceuticals company may be also held liable to pay extra punitive damages as punishment to discourage such acts in future.

Hiring a lawyer

Once it has been certified by your physician that the drug indeed caused your personal injury, it’s time to immediately consult a legal representative and to take the offending party to court. The lawyer will serve a notice upon the company once he’s convinced that your case has merit and demand compensation. It is however, a long drawn process involving much paperwork, research, fact finding, expert opinion collection, and investigation.

This can only be handled by those specializing in such cases and with a proven track record of success.  Rosenberg, Minc, Falkoff, & Wolff or RMFW Law is one such legal firm that has helped multitudes of victims in getting fair justice in cases pertaining to personal injury arising out of defective medicines.

Pick up the phone and dial 212 697 9280. We are always at your service. Following our first free consultation, we’ll take care of the entire procedure – fact finding, negotiating, filing, and representation in a relevant court of law, if the need arises.

No one works like RMFW Law for their clients. We have won millions of dollars for passed clients and you too can be on this amazing list. Call us today! We want to hear what you have to say.

Comments

I Chose The Right Attorney - “Attentive, Professional and Know About the Law…”

I referred Rosenberg, Minc, Falkoff & Wolff to a friend needing help with a birth injury & medical malpractice case. Having worked with founding partner Daniel Minc myself on a car accident case, I was sure they would be able to deliver results.

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