Major manufacturers of opioids are facing class action suits across the country and here in New York. The claims say that several major manufacturers were negligent and deceptive in their marketing and distribution of opioids. Manufacturers knew the drugs were unsafe and misrepresented the risks.
Among the claimants are the states of New Mexico and Michigan, as well as the Navajo Nation in New Mexico, as American Indians have disproportionately experienced many detrimental effects of opioid use.
In our state, several counties are seeking compensation and punitive damages. Lewis County has seen a three-fold increase in opioid prescription rates between 2007 and 2016, and their emergency rooms have experienced over 75 percent more admissions for opioid-related health problems.
The claim asks for a wide variety of damages, including those related to medical expenses at county jails, the cost of naloxone (a drug first responders use to reverse overdose effects), and other general expenses related to drug use.
In New York, opioid injury lawsuits tend to fall under either medical malpractice or product liability laws. We will detail both in this post and explain how to file your own lawsuit if you have experienced injury.
Medical Malpractice Law in New York
Prescription rates for opioids are high, and many people accidently overdose on them. Part of the problems is that some doctors are prescribing them as medication without fully explaining the risks, especially when combined with other drugs such as benzodiazepines.
If a doctor, pharmacist, or health care worker acted with negligence in relation to your opioid prescription, you may have grounds for a lawsuit under New York medical malpractice law.
Medical malpractice occurs when a medical provider breaches the accepted standard of care, and the breach causes injury to a patient like you. To win a case, your NY injury attorney must prove a direct link between the medical provider’s lack of care and your resulting injury.
You have only two-and-a-half years from the date of discovery of your problem to file a medical malpractice suit in New York. Win your claim and you could receive compensation for medical expenses, loss of income, and pain and suffering.
However, it is important to note that medical malpractice cases are almost always complex, as they need to adhere to a specific set of rules. Check with a qualified attorney to see whether your case qualifies as medical malpractice and what your options are.
Product Liability Law in New York
You can file a product liability lawsuit against a drug manufacturer for the following reasons:
- The drug had a defect during the manufacturing process which posed an unreasonable risk of danger to the consumer
- The package did not contain sufficient warnings of the drug’s dangerous side effects
You must file product liability cases within a strict time limit under New York laws. It’s essential to call a knowledgeable injury lawyer as soon as you suspect that you have been harmed due to an opioid prescription.
Seeking Legal Help for Your Case in NY
Many New Yorkers rely on prescription drugs every day, including opioids. You should be able to depend on quality supply and sufficient warnings from the drug manufacturers. You should be able to trust that your doctor and pharmacist are advising you properly on how and when to take the drug. If any party has not done their job, you may have experienced injury due to their negligence.
You should not be responsible for the damages incurred due to someone else’s negligence. An experienced New York personal injury attorney can help you receive compensation for your medical bills in addition to any lost income you experienced due to your injury. If underwent unnecessary pain and suffering, you may be able to seek additional damages for that as well.
Navigating a product liability case or a medical malpractice case takes special legal acumen. Many parties may be responsible in either case, and you need a skilled lawyer to hold those parties accountable. Often insurance companies will fight hard to resist paying compensation. You need someone who is not afraid to fight back for the compensation you deserve.
Reach out today for a free, no-obligation case review. We will carefully consider every angle of your case and let you know what options are available to you. Do not delay. The more time a knowledgeable injury attorney has to craft your case, the greater your chances of success.