What are the damages that can be recovered in a defective drug claim?

In New York, damages that may be recovered in a defective drug claim depend on the specific facts of each case. Generally speaking, damages are broken down into two categories - economic damages and non-economic damages. Economic damages are the direct financial losses related to the injury, such as medical bills, lost wages from missed work, or the cost of long-term care if needed. These damages are usually easy to calculate, as bills can be compiled and wages can be calculated. Non-economic damages, on the other hand, refer to non-financial losses, such as pain and suffering, emotional distress, loss of enjoyment of life, or loss of consortium. These damages are less easy to calculate, as they are subjective and dependent on the personal experience of the claimant. In order to recover either type of damage, the claimant must be able to prove their injury is a direct result of a defective drug. This means showing the drug was defective in some way, or that the manufacturer or provider was negligent in providing safe drugs. To do this, business records, medical records, expert witness testimony, and evidence of a defect can all be used. In New York, damages that can be recovered in a defective drug claim include both economic and non-economic damages. Both types of damages are important to consider when filing a claim. To have the best chance of recovering damages, it is important to have evidence to prove the drug was defective or that the manufacturer was negligent.

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