Are there any special legal requirements for defective drug injury claims?

In New York, the legal requirements for a defective drug injury claim are based on a product liability law known as strict liability. In a strict liability case, the claimant must prove that the manufacturer of the drug was negligent in the design, production, or marketing of the drug. The plaintiff must also show that the negligence caused the injury and that the injury was foreseeable. The New York Court of Appeals has determined that the plaintiff must prove that the defect in the drug was the direct cause of the injury. This means that the plaintiff must show that the defect was the "proximate cause" of the injury. In other words, the plaintiff must prove that the injury would not have occurred without the defect in the drug. In addition to these requirements, the plaintiff must prove that the drug was defective and that the manufacturer failed to properly warn about the risks associated with the drug. The plaintiff must also show that the manufacturer was aware of the risk, but failed to take appropriate steps to protect consumers. In order to support their claim, the plaintiff must provide evidence such as medical records, reports from medical professionals, and other documents to establish the cause, nature, and extent of the injury. Finally, the plaintiff must also prove that the injury was the direct result of the defective drug.

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Are there any special legal requirements for defective drug injury claims?

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