What evidence is necessary to prove a defective drug injury claim?
In order to prove a defective drug injury claim in New York, the plaintiff must provide evidence that the drug or device was defective, that the drug or device caused the injury, and that the plaintiff was damaged as a result. The evidence required to prove a claim depends on the type of defect and the injury, but generally, the plaintiff must show that the drug or device has a flaw or defect that caused them harm. For example, if a plaintiff was injured because of a manufacturing defect, they should provide documentation about the device, such as design drawings, product specifications, and information about prior complaints. If the defect was a design issue, the plaintiff should provide evidence showing that the design was unsafe and that it was the cause of their injury. Plaintiffs should also provide documentation about how they were damaged as a result of the defective drug or device. This could include medical records, bills, and invoices, as well as evidence of lost wages and other economic losses. The plaintiff should also provide evidence that shows how their quality of life has been impacted because of their injury. Finally, plaintiffs should be prepared to prove that the drug or device was indeed the cause of their injury. This can be done by providing evidence of the medical diagnosis and treatment, as well as a timeline of when the drug or device was used. In sum, plaintiffs in New York must provide evidence that shows the drug or device was defective, that it caused their injury, and that they were damaged as a result. This evidence is necessary to prove a defective drug injury claim.
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