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Defective Drug Lawyers in New York

Fighting for Victims of Dangerous Medications

You rely on medication to manage a health condition or improve your quality of life, you trust that the drug is safe and effective. However, when pharmaceutical companies cut corners, rush products to market, or fail to warn consumers about known risks, the consequences can be catastrophic.

When patients purchase drugs over the counter or by prescription, they are putting their health in the hands of the companies who manufactured them and the physicians who prescribed them. Injuries and illnesses that result from defective drugs on the market can cause a spectrum of harm to patients — physically, emotionally, and psychologically — which can be permanent and traumatic.

At Salenger, Sack, Kimmel & Bavaro we make it our mission to protect people who are victims of consuming defective drugs. We understand the negative implications that taking dangerous medication can have an individual’s health and wellbeing. In pursuit of standing up for your right to safety, our team will fight back against the negligent parties that put your health at risk and seek fair compensation to assist you during your recovery.

How Class Action Lawsuits Benefit Consumers

Class action lawsuits are critical in defective drug cases because they allow a group of plaintiffs to consolidate their claims, making it more efficient to pursue justice against large pharmaceutical corporations. These lawsuits can:

  • Increase Accountability: Hold companies responsible for widespread harm.
  • Maximize Compensation: Secure substantial settlements for victims who might not have pursued individual claims.
  • Raise Awareness: Highlight the dangers of unsafe medications and push for better regulation.

What Makes a Defective Drug?

Drug manufacturers have a responsibility to test the drugs they make. The must follow the Food and Drug Administration (FDA) guidelines before their product can be legally sold on the market. They also must list consumer warnings and potential side effects on labels to alert patients of the risks. None of these approvals, however, ensure a drug will be 100% safe.

When dangerous drugs are reported, the FDA issues a recall to either ban the drug, make changes to the drug’s formula, or require that additional warnings be added to the label before it is sold again. Unfortunately, this does not help the individuals who have already suffered the negative consequences of the drugs and whose health was put at risk from consuming defective medications.

 


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Pharmaceutical drugs are deemed defective when they pose significant risks to consumers due to issues in their design, manufacturing, or marketing.

Defective drugs can lead to serious health complications, including life-threatening injuries or long-term medical conditions. These defects often result from negligence, such as insufficient testing, cutting corners in production, or prioritizing profits over patient safety. Victims harmed by defective drugs have the legal right to hold pharmaceutical companies accountable for their negligence.

Understanding What Makes a Drug Defective

A drug can be considered defective when it poses an unreasonable risk to consumers. Defective drugs typically fall into one of three categories:

  1. Design Defects:
    A drug has a design defect when its very formula or chemical makeup is unsafe. This means the drug is inherently dangerous even when it is manufactured properly and used as directed. For example, a weight-loss drug with ingredients that cause severe cardiovascular issues would fall under this category.
  2. Manufacturing Defects:
    Errors that occur during the production or distribution of a drug can render it harmful to consumers. Examples include contamination, incorrect dosages, or labeling errors. A drug manufactured with a dangerous impurity could lead to unexpected and life-threatening side effects.
  3. Marketing Defects:
    Sometimes referred to as a “failure to warn,” this occurs when manufacturers, distributors, or marketers fail to disclose critical information about the drug’s risks, side effects, or proper usage. For instance, if a medication does not warn consumers about the potential for dependency, the company may be held liable for resulting harm.

The Human Cost of Defective Drugs

The harm caused by defective drugs can be far-reaching, affecting not just the individuals who take them but also their families and communities. Victims often suffer from:

  • Life-Altering Injuries: Organ damage, neurological impairments, or other permanent health conditions.
  • Chronic Health Issues: Defective drugs can create new health problems or worsen existing ones, requiring lifelong medical care.
  • Emotional and Psychological Distress: The stress of coping with a severe injury or illness caused by a defective drug can take a toll on mental health.
  • Economic Loss: Victims often face steep medical bills, lost income from missed work, and diminished earning potential.

Some cases involve devastating outcomes such as birth defects, disability, or wrongful death. These tragedies highlight the need for accountability in the pharmaceutical industry.

Common Injuries from Defective Drugs

When someone takes a drug that contains hazardous ingredients or causes adverse reactions, a roller coaster of negative effects can take hold of their health. Consequently, when an individual takes medication that is not meant for their body or treatment plan, their condition can become progressively worse, resulting in severe injuries, illnesses, and even death.

Some common conditions caused by using defective drugs include:

These conditions are only a few of the long-term or permanent effects that could alter an individual’s life after taking faulty medication. Big drug companies show little regard for the damage they cause and the lives they ruin with defective products. Our attorneys are up for the challenge to stand up to these pharmaceutical companies who pose life-threatening conditions on unsuspecting patients and will advocate for your best interests.

Examples of Defective Drugs

Several high-profile defective drug cases have revealed the dangers of negligence in the pharmaceutical industry. Examples of drugs linked to harmful effects include:

These cases demonstrate the importance of legal action to ensure pharmaceutical companies are held responsible for their actions.

Top Defective Drug Class Action Lawsuits

Class action lawsuits play a significant role in holding pharmaceutical companies accountable for defective drugs that harm large groups of people. Following are some of the most notable defective drug class action cases:

1. Birth Control 

Birth control products have been the subject of numerous lawsuits, with claims alleging severe injuries and life-altering complications. These cases have resulted in significant settlements, reflecting the impact these defective products have had on consumers’ lives. Below are some of the most notable examples:

  • Essure Settlements: Bayer, the manufacturer of the permanent birth control device Essure, faced thousands of lawsuits from women alleging injuries such as device migration, organ perforation, and chronic pain. In response, Bayer agreed to settle these cases, paying over $1.6 billion in compensation.
  • Depo-Provera Settlements: Depo-Provera, a birth control injection, has been linked to brain tumors in certain cases. Settlements in lawsuits alleging this connection have resulted in awards exceeding $500,000 for some victims.
  • NuvaRing Settlements: Merck, the manufacturer of NuvaRing, has faced legal action for injuries such as blood clots, strokes, and pulmonary embolisms. These lawsuits culminated in a settlement exceeding $100 million, compensating thousands of individuals who experienced serious health complications.
  • Yaz and Yasmin Settlements: Oral contraceptives Yaz and Yasmin, also manufactured by Bayer, have been linked to an increased risk of blood clots, strokes, and other serious health conditions. Bayer has paid over $1.69 billion to resolve thousands of lawsuits related to these medications.
  • IUD Lawsuits: Intrauterine devices (IUDs) such as Mirena and Paragard have been the focus of lawsuits alleging defects that caused infections, uterine perforations, and device migration. While some cases are still pending, manufacturers have faced growing legal pressure to compensate victims for their injuries.

2. Opioid Crisis Lawsuits

The opioid epidemic has led to a wave of litigation against pharmaceutical companies like Purdue Pharma, Johnson & Johnson, and others. Plaintiffs in these cases allege that manufacturers aggressively marketed opioid painkillers like OxyContin while downplaying the risks of addiction and overdose. Billions of dollars in settlements have been awarded to states, municipalities, and victims to address the public health crisis caused by opioids.

3. Zantac (Ranitidine) Cancer Lawsuits

Zantac, a popular heartburn medication, was recalled after it was found to contain NDMA, a cancer-causing chemical. Thousands of consumers who developed cancer after using Zantac have filed lawsuits against the manufacturers, alleging they failed to warn the public about the risks. This litigation continues to evolve, with many plaintiffs pursuing compensation for medical bills, pain, and suffering.

4. Roundup Weed Killer (Glyphosate) Lawsuits

While not a drug, the lawsuits involving Roundup herbicide highlight the dangers of harmful chemical exposure. Many consumers who used Roundup developed non-Hodgkin lymphoma and claimed Monsanto (now owned by Bayer) failed to warn them of the risks. Settlements in these cases have reached billions of dollars, with additional claims still pending.

5. Elmiron Eye Damage Lawsuits

Elmiron, a drug used to treat interstitial cystitis (bladder pain syndrome), has been linked to severe eye damage, including pigmentary maculopathy, which can lead to vision loss. Lawsuits allege that the manufacturer failed to warn patients and healthcare providers of these risks despite evidence of harm.

6. Xarelto and Pradaxa Blood Thinner Lawsuits

Blood thinner medications like Xarelto and Pradaxa have faced significant litigation due to their links to severe bleeding complications. Plaintiffs argued that manufacturers did not adequately warn consumers or doctors about the lack of an antidote to reverse bleeding, leading to preventable injuries and deaths. While settlements have been reached in many cases, new claims continue to emerge.

7. Talcum Powder Ovarian Cancer Cases

While technically a product liability case, Johnson & Johnson has faced extensive lawsuits claiming that its talcum powder products, contaminated with asbestos, caused ovarian cancer and mesothelioma. Many of these lawsuits have resulted in substantial verdicts and settlements, highlighting the importance of corporate accountability for consumer safety.

Why Choose Salenger, Sack, Kimmel & Bavaro for Your Defective Drug Claim?

At Salenger, Sack, Kimmel & Bavaro, we have the experience and resources to help clients join class actions or pursue individual lawsuits against negligent pharmaceutical companies. Whether you’ve suffered harm from a defective drug or are part of a larger group impacted by corporate negligence, our attorneys will fight to ensure your voice is heard and justice is served.

Contact us today for a FREE consultation to discuss your defective drug case. We’ll review your eligibility for ongoing class actions or help you file a claim tailored to your unique circumstances.

We Will Fight for Your Health

In some cases, it can take years to determine whether a drug on the market is defective and dangerous for consumers. It may be too late to reverse the damage that was done, but it may not be too late to seek justice.

If you or someone you love were injured by a defective drug, our team is here to provide you with the support and compassion you deserve during this challenging time.


Contact Salenger, Sack, Kimmel & Bavaro to review your case and explore your options for seeking financial support.  Call us at (800) 675-8556 for a FREE consultation.

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