Prescription drugs can cause serious, unexpected side effects, from internal bleeding and stroke to organ damage and long-term disability. In New York, those injured may have legal options, including a product liability claim against the manufacturer or medical malpractice claims against the doctor or pharmacist, depending on the cause. While not all adverse reactions warrant a lawsuit, you may have a claim if your injury stems from another party’s failure to uphold their legal duties. Continue reading as we explore what you should know about these matters and how an experienced New York City Personal Injury Attorney can help you fight for the justice you deserve.
Who Can Be Held Legally Responsible If a Prescription Drug Causes Unexpected Side Effects in New York?
First and foremost, it is important to understand that all drugs carry the risk of side effects. Side effects are categorized primarily as “expected” or “unexpected.” Expected side effects are typically minor reactions like mild nausea or drowsiness that are considered generally acceptable risks. Crucially, they are clearly listed in the prescribing information and on the pharmacy insert.
Unexpected side effects, on the other hand, include reactions that are either:
- Severe or unusual: Such as liver failure, stroke, and life-threatening allergic reactions
- Inadequately disclosed risks: Side effects that the manufacturer failed to warn about properly
The distinction between these two categories is critical under New York product liability law. A properly warned, serious risk is treated differently from a hidden or inadequately disclosed danger. Drug manufacturers have a legal duty to provide detailed warnings and instructions to prescribers, covering:
- Indications
- Dosage
- Known side effects
- Contraindications
- High-level safety warnings
If a drug label omits known, serious risks or minimizes their severity, the manufacturer may face a failure-to-warn claim. Drug manufacturers are liable if a drug is “defective” or “unreasonably dangerous.” Claims fall into three categories:
- Design Defect: Inherent risks outweigh benefits.
- Manufacturing Defect: A production error made a specific batch hazardous.
- Failure to Warn: Manufacturer failed to adequately warn doctors and patients of known risks or update warnings.
Liability depends on whether the company knew or should have known the risk and took reasonable steps to warn. Doctors can also be liable for medical malpractice if their prescribing or monitoring deviates from accepted standards, causing injury. Examples include prescribing a contraindicated drug, ignoring dangerous drug interactions, prescribing an incorrect dosage, etc.
Furthermore, pharmacists and pharmacies can be negligent if they dispense the wrong drug or dosage, misinterpret the prescription, fail to question dangerous interactions or dosing errors, or provide incorrect usage instructions. If a pharmacy error causes serious harm, a negligence claim may be appropriate.
Experiencing serious, unforeseen side effects from a prescription medication can be a deeply alarming and distressing ordeal. Connect with an attorney at Swerling Law today to schedule a consultation to discuss your legal options and rights.