Pharmaceuticals are essential for keeping many people healthy and alive. Unfortunately, when the manufacturer fails to warn patients about the risks associated with the drug they are taking, injuries or death may result. That’s exactly what happened with Pradaxa.
In this post, we’re going to detail the issue with that particular drug, cover the case against it, and discuss how pharmaceutical liability works.
If you have been harmed by any pharmaceutical drug due to negligence, you may have a right to financial compensation.
The Case against Pradaxa
Pradaxa is a drug that thins the blood with anti-coagulants. Doctors typically prescribe Pradaxa to people who are susceptible to blood clots or irregular heart rhythms.
Boehringer Ingelheim Pharmaceuticals Incorporated, or BIPI, manufactures Pradaxa. BIPI has recently been accused of creating product marketing that was misleading and allegedly caused injuries and death. One 84-year-old woman’s family won a $1.25 million lawsuit against BIPI after she died from gastrointestinal bleeding while taking Pradaxa.
BIPI has claimed that Pradaxa is safe enough to use without conducting regular testing of blood plasma levels, as is standard practice with other anti-coagulant drugs. Some patients and patient families assert that had patients monitored blood plasma levels while taking Pradaxa, they would have been less likely to experience uncontrolled bleeding or death.
Currently, more than 3,000 cases have been filed against the makers of Pradaxa. These cases are both pharmaceutical injury lawsuits and wrongful death lawsuits. In December 2017, BIPI paid $13.5 million in a settlement for misleading marketing for four other pharmaceuticals.
New York Pharmaceutical Liability Law
You can file a claim if you have been injured by a pharmaceutical drug like Pradaxa. However, there are special considerations when filing this type of claim, and you need to consider the differences before pursuing a lawsuit. An experienced attorney can help you answer the following questions:
Was the drug tainted?
If the problem resulted from the chemical makeup of the drug itself, you may be able to sue the manufacturer for defective manufacturing. This can be caused by errors in the manufacturing facility or pharmacy, shipping problems, or labeling issues. If a mistake was made anywhere between the place of the drug’s creation and the place where you received it, you can file a claim against the manufacturer.
Did the drug produce dangerous side effects?
Sometimes, drug manufacturers know about a potential risk of taking a certain drug but fail to warn you about it. This can cause injury or death to you or your loved one. A skilled lawyer can help you prove that the drug manufacturer is responsible.
Were the drug’s instructions clear and complete?
Drug manufacturers print many warnings and instructions on the labeling and marketing for drugs. If the manufacturer failed to give accurate or adequate warnings or instructions, they can be held liable if you experience injury as a result. You may also be able to sue your pharmacist, doctor, or other medical providers if their instructions or warnings weren’t clear and complete.
Where the Liability Belongs in New York Pharmaceutical Liability Cases
Depending on your circumstances, you may be able to file more than one type of claim in a single case. It’s important to work with an experienced New York attorney who has successfully represented other pharmaceutical liability cases.
These are the potential defendants in your case:
Manufacturer—A large company with major legal resources. You need a legal pro who isn’t afraid to put up a fight against a giant – and knows how to do it.
Laboratory—The lab that tested the drug before it went to market.
Sales representative—If a representative recommended a harmful drug to you, they could possibly be named in your lawsuit.
Medical provider—If a doctor, clinician, or hospital wrote the prescription that harmed you, you can name them as a defendant, especially if they failed to warn you or give adequate instructions.
Pharmacy—Your pharmacist should have offered counseling on how to properly use the drug. If this explanation was inadequate or inaccurate, they may be held liable for your injuries.
Special Considerations for Pharmaceutical Liability Cases in New York
No drug is completely safe, but the drug manufacturer has a duty to warn you of known side effects. However, as drugs are taken by large groups of people over extended time periods, more side effects may become known. The question is whether the side effect you experienced and the resulting injuries were due to another’s negligent actions.
If you think that your injuries or the death of a loved one are linked to the use of a prescription drug like Pradaxa, consult with a skilled New York attorney.