Consumers trust the U.S. Food and Drug Administration (FDA) to carefully review medications before they go to market and approve only those that are safe for use. Unfortunately, unsafe medications often evade the review and approval processes, making their way to stores and pharmacies where patients pay the price.
Oftentimes, drug manufacturers are to blame for failing to adequately test drugs, rushing medications to the market, concealing dangerous side effects, or failing to warn consumers about serious health risks. In many cases, the company could be liable for complications and serious side effects patients suffer.
Buttafuoco & Associates has been helping injured people hold pharmaceutical companies liable for the harm they cause since 1981. If you think a dangerous drug caused your injuries, call us at 1-800-NOW-HURT to speak with a drug injury lawyer in New York.
Common Dangerous Drug Cases
In recent years, a plethora of dangerous drug cases have made their way–or are on the verge of making their way–to the courts. Some high-profile examples in recent years include:
- GLP-1 drugs that assist in weight loss have faced allegations of causing serious gastrointestinal issues including paralysis, and even blindness
- Suboxone lawsuits claim that the addiction treatment resulted in tooth loss and decay.
- The Depo-Provera birth control injection by Pfizer is under fire, with claims that the company concealed the increased risk of brain tumors among women using the drug.
- Paxil and other antidepressants are known to increase violent behavior and suicide, while Risperdal, an anti-psychotic, has been linked to gynecomastia, diabetes, and stroke
- Zantac faces ongoing lawsuits alleging that an ingredient in the heartburn drug caused users’ cancers.
- Celebrex, a prescription anti-inflammatory drug, has been linked to heart attack and stroke risk
- Crestor and Lipitor, statins that lower cholesterol, face charges of liver damage, diabetes, and muscle disorders, and have been recalled for being tainted with dangerous substances
- YAZ birth control pills were recalled after being linked to blood clots, stroke, and heart attack
This list is only a sampling of the numerous pharmaceutical lawsuits that are currently underway. If you believe a medication has resulted in a serious injury or harm to you or a loved one, getting in touch with a drug injury attorney in New York can help you better understand your rights and determine whether you have a case.
Do I have a good case against a drug manufacturer?
A dangerous drug claim needs to establish that the manufacturer acted negligently or willfully misled consumers. Generally, a dangerous drug lawsuit alleges negligence based on one or more of the following:
- Problems with the manufacturing process – Tainted or otherwise poorly manufactured drugs can cause serious side effects. For example, in 2012, investigators became aware of a fungal meningitis outbreak associated with epidural steroid injections created by New England Compounding Center. One of the drugs in the injections – methylprednisolone (MPA) – was tainted with fungal matter.
- Design or labeling defects – When a drug or device’s design causes an injury because it is unreasonably dangerous, or a drug is improperly labeled, such as Tylenol syringe defects that resulted in inaccurate dosing for children
- Serious side effects – In many cases, lawsuits allege that drug manufacturers knew of serious side effects associated with the medication, but failed to report or warn of it. Even if the manufacturer was not aware of the side effects, consumers may still hold the manufacturer liable for their injuries.
- Improper marketing – Inadequate warnings or instructions, or marketing a drug for off-label use – that is, one for which it is not approved – constitute improper marketing.
Even if the manufacturer was not negligent and did not conceal side effects, but use of the drug resulted in serious side effects that were not expected, it is possible to bring a dangerous drug claim in court.
When can I sue a doctor or pharmacist for prescribing or dispensing a dangerous drug?
While many dangerous drug cases involve drug manufacturers, some medication-related cases may also involve doctors or pharmacists. But to hold a doctor or pharmacist liable for a medication-related injury, you will have to prove they acted negligently – that is, did not follow the standard of care. For example:
- The doctor prescribed the wrong medication.
- The doctor prescribed an unsafe dose.
- The doctor or pharmacist failed to consider drug allergies when prescribing the drug or filling the medication.
- The doctor or pharmacist failed to consider the drug’s interactions with other drugs you are taking.
- The pharmacist filled the prescription for the wrong drug, such as one with a similar-sounding name.
- The pharmacist filled the prescription with the wrong dosage.
If you believe your injury was related to a doctor or pharmacist’s error and not a dangerous drug, visit our medical malpractice section for more information about your case.
Should I hire a lawyer to file my dangerous drug claim?
Drug manufacturers have a lot at stake when faced with lawsuits alleging their medications are unsafe. Needless to say, they fight tooth and nail, backed by powerful and costly legal teams, to disprove these allegations and deflect or avoid liability.
Claimants need to present clear and convincing evidence when alleging poor manufacturing processes, failure to warn of side effects, improper marketing, or even when trying to prove strict liability. Proving liability is no easy feat.
At Buttafuoco & Associates, our dangerous drug lawyers in New York acquire company testing procedures, study results, internal communications, and more to investigate manufacturers of dangerous drugs. We work with medical and pharmaceutical experts, and gather extensive documentation of your injuries and the drug company’s liability.
If you were injured after taking a dangerous medication, get in touch. We will discuss your legal options, including joining other injured patients in a class action or mass tort claim.
There is no risk in making the call; we offer free, no-obligation consultations to learn about your case and explain how we can help.
Call us at 1-800-NOW-HURT.