Can I receive punitive damages in a defective drug injury claim?

In New York, punitive damages may be awarded in a defective drug injury claim in some cases. Punitive damages are a type of civil penalty that is intended to punish the wrongdoer and discourage similar reckless or intentional conduct in the future. Generally, punitive damages may be awarded when the claimant can prove that the incident resulting in their injury was due to extreme negligence or malicious intent on the part of the defendant. In the case of defective drug injury claims, proving that the drug manufacturer was aware of defects in their products but did nothing to address them could be seen as reckless negligence or even malicious in some cases. Punitive damages are sometimes awarded in defective drug injury claims in order to both penalize the defendant for their negligence and to send a message to the public that such behavior is unacceptable. That said, a claimant must prove that the defendant was at fault in order to receive punitive damages. In short, a claimant in New York can receive punitive damages in a defective drug injury claim as long as they can prove that the defendant’s negligence or malicious intent was the cause of their injury. Punitive damages are meant to deter similar reckless or intentional behavior in the future and may be awarded as part of the damages to which the plaintiff is entitled.

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Can I receive punitive damages in a defective drug injury claim?

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