Prescription drugs, just like any other products, are sometimes recalled. It’s unfortunate, however, that in order for the state of New York or the Federal Drug Administration to recall these substances, some people have to be harmed by them.
What are your options if hurt by a recalled prescription drug? You may have medical bills you need to cover. You may have lost the ability to work. Or you may simply be experiencing prolonged pain and suffering.
Below, we’ll cover what you should know about NY prescription drug recalls and what to do if harmed by a recalled drug. Read on to find out more.
Recalled Drugs in New York
The Centers for Disease Control and Prevention have stated that almost half of all Americans have taken a prescription drug in the last 30 days. There’s no doubt that prescription drugs improve a person’s life in many cases. However, the speed at which some drugs come to market means that harmful or dangerous side effects may only become known once people begin to take the drug.
Recalls occur when a drug manufacturer removes it from the market voluntarily due to some sort of defect or danger. Many recalls only happen after adverse side effects get reported in many people over a period of years, so there is a lot of opportunity for people to get injured by a drug before it gets recalled.
Why Are Drugs Recalled?
The Food and Drug Administration approves drugs and works with companies to oversee their marketing. The FDA can request a recall, but it’s typically up to the company whether or not they will issue one – or even inform the FDA when there’s an issue with a drug.
In the United States, there are three classes of drug recalls. They are:
Class I Drug Recalls
This type of recall occurs when a drug is dangerous or defective in a way that can lead to serious injury and even death.
Class II Recalls
The products in this type of recall may pose a health risk to people temporarily or a small risk of serious injury in the long term.
Class III Recalls
This type of recall happens when a company violates the FDA’s labeling or marketing rules, but they don’t usually pose a health risk.
The FDA publishes recalls weekly on its website, but not all recalls get publicized, so it may not be something people learn of quickly. The most common reasons for a drug recall in the United States are:
- Side effects that are dangerous
- Product defects
- Incorrect potency or strength
If a prescription drug harms you, one of the first things your attorney may want to learn is if the drug was recalled and why.
What Kinds of Damages Can You Sue For in a Drug Recall Case?
If you get injured due to a recalled drug, there are several factors that can impact the types of damages you can ask for. Each and every case will be unique, with its own set of facts. But some of the most important factors in these types of personal injury cases include:
- How much your medical care cost
- How severe and permanent your injury is
- The toll the injury has taken emotionally on you and your family
- The impact of the injury you sustained on your job or career
- The drug’s impact on your daily life
These little details will matter when it comes to seeking damages. In New York, there are two basic types of damages in a drug recall case: non-economic damages and economic damages.
Non-economic damages compensate victims for the losses they suffered in a subjective way, such as:
- Pain and suffering
- Mental anguish
- Scarring or disfigurement
- Reduced quality of life
- Diminished life expectancy
- Loss of consortium
Economic damages you can seek include expenses that have impacted your life financially, such as:
- Medical bills both in the present and future
- Lost income or wages
- Assistance needed in the home
- Lost earning potential in the future
Pharmaceutical companies often pay out millions to victims harmed by drugs that are eventually recalled. In certain cases, settlement funds get created by the companies to compensate victims. However, settling these types of claims is never easy and requires the assistance of an experienced and knowledgeable attorney.