How is fault determined in a defective drug injury claim?

When determining fault in a defective drug injury claim in New York, the claimant must prove the manufacturing company or party selling the drug was negligent or failed to properly warn of any dangers. The claimant must also show that this negligence or failure to warn directly caused the injuries they sustained. If the claimant is able to prove that the product contained a design flaw or defect, that it was improperly manufactured, or not labeled and marketed properly, then fault will be placed on the manufacturer. The claimant must show that the defect caused their injuries. If the drug was properly designed and manufactured but lacked proper warnings, then fault will be placed on the party responsible for the selling of the drug, such as the pharmaceutical company or doctor. The claimant must also prove that they had no knowledge of the risks associated with using the drug before they actually became injured. They must show that the manufacturer or seller had a reasonable duty to warn of any potential dangers associated with use of the product. The claimant must also show that they suffered damages as a result of the product. In cases where a defective drug injury claim is brought against a pharmaceutical company, the law considers the company to be a “product seller,” meaning it can be held liable for any injuries from the defective drug even if it did not manufacture it. Ultimately, a court’s decision will depend on the specific facts and circumstances of the case.

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How is fault determined in a defective drug injury claim?

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