What if a defective drug has already been recalled?

Recall of a defective drug means that the drug is no longer available for sale on the market, usually because it is deemed to be unsafe or ineffective for its intended use. If a defective drug that has already been recalled is found to have caused an injury, the injured person may still have the option to file a claim. In New York, a defective drug injury claim is filed with the civil court system. The individual who believes they have been injured due to a defective drug must prove that they have suffered a physical or mental injury that was caused by the defective drug; that the drug was defective in some way, either in its design, its instructions, its packaging, or its warnings; and that the defective drug was a direct cause of their injury. The individual may be able to obtain financial compensation for medical bills, lost wages, and other damages they have incurred due to the injury. If the drug was recalled, they may also be able to obtain punitive damages for their suffering. Punitive damages are typically awarded in cases of extreme negligence or intentional harm, and they are intended to punish the defendant for their actions. In any case, it is important for individuals who believe they have been injured due to a defective drug to contact an experienced personal injury attorney as soon as possible, as the statute of limitations can vary from state to state. An attorney can help guide them through their legal options and help ensure that their rights are protected.

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