Every year, pharmaceutical companies manufacture and market hundreds of new drugs for their consumers in New York City, Rochester, Buffalo, and beyond. Before the medications become available for public use, the Food and Drug Administration regulates, tests, and approves each one. While these companies can produce products, drugs, and devices that help suffering individuals find relief from their ailments and injuries, these drugs are not without their side effects and dangerous qualities. Despite all the precautious measures instilled by the FDA, over 200,000 individuals die from medication-related deaths each year.
Although some dangerous medications are recalled, numerous harmful medications remain on the shelves for individuals to purchase or receive via prescription long after the issues have been identified.
Some of the most common injuries individuals suffer from drugs are:
– Blood clots
– High cholesterol
Medications Can Harm Unsuspecting Patients
Within the last decade, our team at New York Lawyer has seen numerous drug-related lawsuits. Medications like Propulsid, Zyprexa, Fen-phen, and Neurontin once caused serious illnesses for thousands of New Yorkers. Recently, a growing concern centered on dietary supplements has emerged and is sweeping across the nation. Dietary supplements do not require Food and Drug Administration approval. This allows countless untested products to be released into the market and creates endless possibilities for users to fall ill as a result of their use.
By law, drug manufacturers are strictly liable for death and injuries resulting from defective or unreasonably dangerous products they offer. If a consumer purchases a product that is flawed or one that does not adequately warn consumers of the side effects, the manufacturer is directly responsible for the injuries consumers experience. Even if the manufacturer does provide an adequate warning to consumers, they are still liable for knowingly marketing a product that may have severe or sometimes fatal side effects for users.
Anyone suffering from these or any other serious injuries must work quickly to prevent the dangerous product from spreading to even more individuals.
Difficulty of Mass Tort Drug Litigations
If you are ever seriously injured by a defective medication, you should contact a mass tort lawyer like those at New York Lawyer as soon as possible. Once faulty drugs hit the market, they can wreak havoc for hundreds or even thousands of people across the country. Although each case is unique, you may not be the only person injured by the product.
You may be suffering injuries similar to others impacted by the drugs, making your lawsuit a mass tort claim. Mass tort drug litigations often center around a single drug that causes multiple similar injuries or deaths.
This type of claim can involve dozens or even thousands of individuals experiencing the same adverse side effects and injuries from certain drugs. These individuals are united by economic, physical, or psychological damage caused by medication or prescription.
During mass tort claims, one law firm often represents several plaintiffs against the same defendant, allowing information to be shared between each plaintiff to help strengthen the case. It also provides the opportunity for suffering parties to help each other and share resources. During these cases, our law team conducts an in-depth investigation to help every plaintiff on the case.
Drug Litigation Process
Having a reputable attorney represent you throughout your mass tort drug litigation can make a world of difference. We often help clients explore their legal rights on both the state and federal level and understand the proper legal procedure needed for the process to run smoothly.
Once we take on a case, we help plaintiffs through the discovery and pretrial proceedings as well as attending settlement conferences or proceeding to trial when necessary. Cases can resolve quickly, or they may carry on for several years. The process can involve extensive interviews, investigation, negotiations, and litigations that can seem quite overwhelming if you don’t have the right team at your side
Various factors can impact the timeline for a mass tort claim, some of which include:
– The ability to quickly locate and depose expert witnesses. Depending on the case, lawyers may seek physicians, scientists, marketers, drug companies, or even economists or other professionals to help strengthen the argument.
– Travel requirements. Not everyone related to a case will live in the immediate area. If a lawyer has to travel to locate or depose a witness or perform any other type of investigation, this can impact how long a case takes.
– Collecting evidence. This type of claim often requires extensive evidence, medical records, thorough documentation, and other imperative information. Gathering this type of information and analyzing it can take months.
Other steps of a mass tort drug litigation include:
– Filing initial papers
– Additional fact-finding to strengthen the case
– The discovery process to share facts and documents
– Filing motions
– Negotiating settlements
– Trial if no settlement is made. This can include jury selection, arguments, testimony, presentations and verdicts
– Collection of settlements or awards if any
– The appeals process if either the plaintiff or defendant is not satisfied with the outcome of the case
Experienced Mass Tort Drug Litigation Lawyers in New York
Mass tort drug litigation plaintiffs are often able to receive compensation for injuries, medical expenses, lost wages, loss of life quality, pain and suffering, and more. We work hard to ensure our clients receive the maximum amount of compensation they are entitled to every time.
For nearly twenty years, our team of lawyers at Silbowitz, Garafola, Silbowitz, Schatz & Frederick, LLP have been helping clients deal with mass tort drug litigations. If you ever experience serious side effects, or a loved one dies as a result of taking a medication, contact our law firm at (212) 354-6800 to see what legal options are available for you.