What type of injury is necessary to prove a defective drug injury claim?

In order to prove a defective drug injury claim in New York, the claimant must demonstrate that they suffered a physical or mental injury as a result of using a defective drug. The claimant must be able to show that the drug manufacturer failed to adequately warn them about potential side effects or the risks associated with the drug. The injury can range from minor, such as an allergic reaction, to more severe, such as a heart attack or stroke. The injured person must also show that they were using the drug properly and that they used it as instructed. It is important to note that the drug must be shown to directly cause the injury, and not just be a contributing factor. The claimant must also be able to prove that the drug was not changed or tampered with after it was sold by the manufacturer and they must also prove that the drug was legally sold in the state of New York. Finally, the claimant must also demonstrate that they suffered a significant injury as a result of using the defective drug. This often means showing that they suffered medical expenses, lost wages, or other damages due to the injury. If the claimant is able to prove all of the above elements, they may be able to successfully pursue a claim against the drug manufacturer.

Related FAQs

What type of injury is necessary to prove a defective drug injury claim?

Related FAQs

Related Blog Posts