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A defective drug claim in Rochester is a specific kind of product liability lawsuit arising out of a consumer’s injuries after taking a particular kind of medication. When a healthcare provider prescribes a drug to a patient or when a patient purchases an over-the-counter drug at a local pharmacy, there should never be concerns about whether that drug is safe for use. Yet drug safety is a serious problem and medication recalls happen with more frequency than many consumers would like to think about. If you were harmed by a defective drug, a dedicated Rochester defective drugs lawyer at Powers & Santola, LLP can help.
Examples of Recent Defective Drugs Posing Risks to Patients in Rochester
In recent years, many different prescription drugs and over-the-counter medications have been the subject of defective drug lawsuits. It is important for you to know that the following list includes examples of drugs that have caused harm and have resulted in product liability lawsuits, but many other drugs that do not appear on this list may also be responsible for serious and fatal injuries. Here are some examples of recent drugs at the center of defective medicine claims:
- Zantac;
- Valsartan;
- Nexium;
- Prilosec;
- Paxil;
- Prevacid;
- Elmiron;
- Belviq;
- Cymbalta;
- Lyrica;
- Zoloft;
- Tenofovir; and
- Xeljanz.
Who Can I Sue for a Rochester Defective Drug Injury?
There are multiple parties who may be responsible for injuries in a defective drug case, and it is important to seek advice from a Rochester defective drug attorney about who you can sue to seek financial compensation for your losses. In some cases, you may be eligible to file a lawsuit against more than one party. Examples of parties who may be liable for injuries caused by a dangerous drug include but are not limited to:
- Designer of the defective drug;
- Manufacturer of the defective drug;
- Company responsible for marketing the drug;
- Laboratory that tested the defective drug before it was sold to consumers;
- Healthcare provider who prescribed the drug;
- Pharmacist who filled your prescription; and/or
- Pharmacy where you purchased the medication.
The responsible party in a defective drug claim will depend upon the specific facts of your case, so it is critical to have a defective drugs attorney in Rochester assess your claim before you move forward with a lawsuit.
Class Actions and Multidistrict Litigation Defective Drug Claims
Many defective drug claims become class action lawsuits, and it may be possible for you to join a class action claim if you have a similar claim to other consumers who have been harmed by a dangerous drug. A class action lawsuit is a specific type of claim in which there are many people with the same type of harm, and there are so many potential plaintiffs that it makes sense for the cases to be combined into a single case where specific plaintiffs represent the entire “class” (or the group of plaintiffs).
If you have questions about whether you could be eligible to join an existing class action lawsuit, you should seek advice from a product liability lawyer in Rochester about the similarity between your case and any existing class action claims.
Timeline for a Rochester Defective Drugs Lawsuit
When you or someone you love has suffered injuries as a result of using a dangerous drug, you will only have a relatively limited time window in which you can file a lawsuit. This time window is known as the statute of limitations for your claim. Defective drug cases are product liability lawsuits, and most product liability lawsuits in New York have a three-year statute of limitations. What does this mean for the timeline you need to follow in filing your claim? You will need to file your defective drug claim within three years from the date of your injury. In most cases, the clock on the statute of limitations will begin ticking on the date that you took the dangerous drug.
In addition, some statute of limitations in New York have been affected by the tolling provisions of the COVID-19 emergency executive orders.
Seek Advice from Our Rochester Defective Drugs Attorneys
When a defective drug has caused serious harm, it is extremely important to seek advice from an experienced Rochester defective drug attorney. Pharmaceutical companies need to be held accountable for dangerous medications and the significant harm they can cause. Whether you suffered injuries yourself or lost a loved one as a result of a drug defect, an advocate at our firm can speak with you today about your case and your options for seeking financial compensation. Contact Powers & Santola, LLP today for more information about filing a Rochester defective drugs lawsuit.
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