New York Pharmaceutical Injury Attorney
Defective prescription and over-the-counter (OTC) drugs can have very serious or fatal side effects. Sometimes the defect is in the manufacturing or storage, but more often it is failure to warn of potential side effects. The consequences of an adverse drug event can be far worse than the condition the medication is used to treat, and symptoms can seem unrelated to the effect the drug is meant to have.
the Law Offices of Eric R. Bernstein, P.C. represents people injured by defective pharmaceuticals. Please call us today for a free consultation.
Failure to Warn and Illegal Marketing
Two common defects are failure to warn and off-label marketing. Pharmaceutical companies have a duty to warn consumers and medical professionals about potential side effects of their products. Failure to warn is, in itself, a defect. It robs consumers and doctors of their chance to make an informed choice. In many cases, the drug company knows about the risks and intentionally hides them to boost sales.
Off-label marketing is marketing a drug for purposes other than those for which it has been approved by the U.S. Food and Drug Administration (FDA). It is an illegal practice, but some drug companies do it anyway. Sometimes, they even go as far as to pay kickbacks to doctors for prescribing their drugs off-label.
You may be able to recover substantial compensation if you have been harmed by a defective medication. Examples include:
- Ortho Evra
- Proton Pump Inhibitors
Compensation with No Recall
You can recover compensation for you drug injury, or the loss of a loved one, even if the drug has not been recalled. The subject of recalls can be very confusing. Full market withdrawals are very rare. More common are recalls for changes to the warning label. The medication remains on the market. Many defective drugs are never recalled or are only recalled long after there have been many injuries and deaths.
While a recall can strengthen your case, it is not required for you to win.
Drug injuries can change your life forever, and some are fatal. You and your family deserve full and fair compensation. the Law Offices of Eric R. Bernstein, P.C. is ready to stand up to the pharmaceutical company for you. Please, do not wait until time runs out. Call us at (877) 21 NY LAW or email us right away to schedule your free initial consultation.