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New York Defective Drugs Attorney Serving Clients in Syracuse
When a consumer uses a medication that is prescribed by a healthcare provider or that is sold safely over the counter, that consumer should not have to worry about the drug being at risk of having a defect or having the potential to cause serious or life-threatening harm. Yet medicines are routinely recalled due to product defects, and these recalls often occur only after consumers have suffered severe or deadly injuries. If you or someone you love have suffered injuries as a result of using a dangerous drug, you should seek advice from an experienced Syracuse defective drugs lawyer as soon as possible.
Learning More About Drug Recalls and Defective Medications in Syracuse
Drug recalls are often the way that consumers learn about defective drugs. These drug recalls frequently occur after the U.S. Food and Drug Administration (FDA) receives information about consumer injuries linked to the medication. According to the FDA, “a drug recall is the most effective way to protect the public from a defective or potentially harmful product.” The FDA classifies the recalls of dangerous drugs into three different categories:
- Class I recall: This type of recall is used in “a situation in which there is a reasonable probability that the use of, or exposure to, a violative product will cause serious adverse health consequences or death,” and is the most serious category of defective drug recall;
- Class II recall: This kind of recall is for “a situation in which use of, or exposure to, a violative product may cause temporary or medically reversible adverse health consequences or where the probability of serious adverse health consequences is remote.” This is the second most serious classification of drug recall; and
- Class III recall: This class of recall is used in “a situation in which use of, or exposure to, a violative product is not likely to cause adverse health consequences.”
Filing a Defective Drug Claim in Syracuse
If you or a loved one has been seriously injured in Syracuse as a result of a defective drug, contact an experienced defective drug attorney at Powers & Santola, LLP. Depending on the facts of your case, the designer, manufacturer, and/or marketer of the dangerous drug could be responsible for your injuries. Since a defective drug claim is typically filed as a product liability lawsuit, you may be able to rely on three different theories of liability, which include:
- Strict liability;
- Breach of warranty; or
Many defective drug lawsuits are brought under the theory of strict liability because there is no requirement to prove that the designer, manufacturer, or marketer of the medicine was negligent or intended to cause any kind of consumer harm. Rather, the defendant’s link to the product—as a party making or selling it—can be enough for that party to be liable.
Timeline for Filing a Syracuse Defective Drugs Lawsuit
If you wish to file a lawsuit against a designer, manufacturer, or marketer of a dangerous drug, it is critical to understand how New York’s statute of limitations could affect your case. Under New York law, most drug defect cases and other product liability lawsuits must be filed within three years from the date of the discovery of your injury. If you fail to file your lawsuit within New York’s applicable statute of limitations time window, your claim will become time-barred under New York law. Once a claim is time-barred, the injured victim is not eligible to obtain compensation through a civil lawsuit.
To avoid the problem of a time-barred lawsuit, you should begin working with a product liability lawyer in Syracuse as soon as possible to start the process of filing your claim. Talk to an experienced Syracuse defective drugs attorney to see if you statute of limitations has been affected by New York State’s COVID-19 disaster emergency tolling provisions. The sooner you begin the process of filing a lawsuit, the quicker you may be eligible to receive financial compensation.
Contact Our Syracuse Defective Drugs Attorneys Today
Do you need assistance determining your eligibility to file a defective drug claim or to begin the process of filing a product liability lawsuit after sustaining serious or significant injuries from a dangerous drug? One of our experienced Syracuse defective drugs lawyers can begin working with you on your case today. Contact Powers & Santola, LLP to learn more about the services we provide to consumers and patients in Syracuse, NY.
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