When a doctor prescribes a medication, you take it with the expectation that it will help you heal. The thought that it could cause serious harm instead is a difficult reality to confront.
To file a dangerous drug claim in New York, you must gather medical evidence that directly links your injury to a specific medication, identify the responsible parties (such as the manufacturer), and file a formal legal complaint before the state's deadline expires.
The most challenging part is proving the drug caused your injury. Pharmaceutical companies are large, well-resourced organizations. Establishing this link requires strong medical evidence and a clear understanding of New York's product liability laws.
If you have a question about an injury you believe was caused by a medication, call the Mattar, P.C. at (866) 821-1394.
What Makes a Drug "Dangerous" in the Eyes of the Law?
A drug does not have to be recalled for it to be considered legally "dangerous." The legal determination rests on whether the product is "defective" in one of three specific ways.
- Defective Design: This occurs when a drug's inherent risks outweigh its benefits, even when it is manufactured and used exactly as intended. Think of it like a car that is designed with a fundamental flaw in its braking system—the problem is in the blueprint itself, not in how it was built.
- Manufacturing Defect: In this case, the drug's design is safe, but an error during the production process made a specific batch unsafe. This could be due to contamination, an incorrect chemical formulation, or other mistakes at the factory.
- Failure to Warn (Inadequate Labeling): This is one of the most common grounds for a dangerous drug lawsuit. A manufacturer has a legal duty to provide adequate warnings and instructions about a drug's potential risks and side effects. Under the legal principle of “failure to warn,” manufacturers must inform doctors and patients about the dangers they know, or should know, exist.
Do I Have a Valid Dangerous Drug Claim? The Three Key Questions to Ask
1. Can You Document Your Injury?
A feeling that a drug harmed you is not enough to build a legal claim; you must have a medically documented injury. This documentation typically comes from medical records, diagnostic test results, and hospital admission forms that establish a clear diagnosis.
2. How Do You Link the Drug to Your Injury?
This is the legal concept of "causation," and it is the central challenge in these claims. You must show it is more likely than not that the drug directly caused your specific injury. Proving this requires testimony from medical experts who analyze your health records and the available scientific literature to draw a firm line between the medication and your condition. Our firm has experience working with these experts to build this connection.
3. Did You Suffer Measurable Losses?
The law requires you to have "damages," which are the tangible and intangible losses resulting from the injury. These are the harms for which you seek compensation. These losses fall into several categories:
- Medical Bills: The cost of hospital stays, surgeries, medications, and any ongoing or future care you may need.
- Lost Wages: The income you lost while you were unable to work, as well as any future loss of earning capacity if your injury is permanent.
- Pain and Suffering: Compensation for the physical pain and emotional distress the injury has caused in your life.
The Step-by-Step Process for Filing Your Claim
If you believe you have a valid claim, the process generally follows a structured path.
Step 1: Preserve Every Piece of Evidence.
Do not throw anything away that is related to the medication in question. These physical items are important pieces of evidence. Keep the following in a safe and secure place:
- The prescription bottle or any packaging.
- Receipts or records from the pharmacy.
- Any written information or pamphlets that came with the drug.
- A personal journal detailing your symptoms, the dates they appeared, and how they have affected your daily life.
Step 2: Contact an Attorney to Protect Your Timeline.
In New York, you generally have three years from the date of injury to file a personal injury claim. This deadline is known as the statute of limitations (N.Y. C.P.L.R. § 214). However, the clock may not start when you took the drug, but when you discovered or reasonably should have discovered the injury it caused. Because this "discovery rule" is complicated, you must discuss your situation with an attorney as soon as possible to protect your rights.
Step 3: We Conduct a Thorough Investigation.
Once you decide to move forward, our team manages the investigation. We will gather all of your medical records, consult with medical experts to confirm causation, and identify every party that may be held responsible. Under the legal principle of strict liability, this includes everyone from the manufacturer to the distributor. We then file the official legal complaint on your behalf.
Step 4: We Manage the Litigation Process.
Many dangerous drug cases that involve hundreds or even thousands of people are consolidated into what is called Multidistrict Litigation (MDL). This process helps make the pretrial proceedings, such as evidence gathering, more efficient. We handle all negotiations and will advise you on any settlement offers. While most cases are resolved out of court, we prepare every case as if it is going to trial.
Frequently Asked Questions About Dangerous Drug Claims
How much does it cost to hire a lawyer for this?
At Mattar, P.C., we handle dangerous drug cases on a contingency fee basis. This means you pay no upfront costs, and we only receive a fee if we successfully recover compensation for you.
Will I have to go to court?
While it is possible, the vast majority of dangerous drug claims are settled before they reach a courtroom. We prepare every case for trial to ensure we are in the strongest possible position to negotiate a fair settlement for you.
Can I still file a claim if the drug was approved by the FDA?
Yes. The Federal Food, Drug, and Cosmetic Act (FDCA) gives the FDA oversight, but its approval does not shield a manufacturer from liability. If a company later discovers a risk and fails to warn the public, it is still held accountable.
What if I was taking a generic version of the drug?
You may still have a claim, but the legal rules for generic drug manufacturers are different and more complex. Discuss the specifics of your situation with an attorney to review the details.
Does it matter if I got my prescription in Rochester, Syracuse, or another part of New York?
No. The claim is governed by New York State law, and our firm represents clients across the entire state. We are familiar with the procedures in local courts throughout New York and are prepared to handle your case regardless of your location.
Holding Drug Manufacturers Accountable with Mattar, P.C.
A medication that was supposed to help should not be the cause of your pain. You have legal options to hold the manufacturer accountable and secure the resources you need to move forward with your life.
Let's talk about how we help. Call the Mattar, P.C. today for a free consultation at (866) 821-1394.