When you take a prescription medication, you trust that it will help treat your condition safely and effectively. Unfortunately, some drugs can cause more harm than good due to defects in design, manufacturing, or warning labels.
Settlement
Jury Verdict
Settlement
Settlement
If you or a loved one has suffered serious injuries from a defective prescription drug in New York, the experienced attorneys at the Porter Law Group are here to help you pursue justice and fight for the compensation you deserve.
Challenging powerful pharmaceutical companies can feel overwhelming, but you don't have to do it alone. Our skilled legal team at The Porter Law Group has successfully recovered substantial compensation for clients injured by defective drugs across New York State. We thoroughly investigate what made the drug defective, gather compelling evidence to build a strong case, and advocate tirelessly for your rights.
We offer free, no-obligation consultations and work on a contingency fee basis, meaning you pay no fees unless we win your case. Contact us today at 833-PORTER9 or email info@porterlawteam.com to learn how we can help.
New York has established strong consumer protections for those harmed by defective medications. The state follows strict liability principles, which benefit injured patients by eliminating the need to prove manufacturer negligence. Instead, you only need to demonstrate that the drug was defective and that the defect caused your injury.
You may also pursue legal claims based on negligence, breach of warranty, or violations of New York’s Uniform Commercial Code, which holds drug manufacturers accountable for failing to ensure their products are safe for use as intended.
Prescription drugs may be considered defective in the following ways:
Design Defects: These are flaws in the drug’s formulation that exist before it is manufactured. Such defects impact all versions of the product and may harm thousands of patients.
Manufacturing Defects: These occur during production and may result from contamination, incorrect ingredient concentrations, or faulty equipment. Even if the drug’s design is sound, a deviation in the manufacturing process can render it dangerous.
Marketing Defects: These involve inadequate warnings, misleading advertising, or failure to provide proper usage instructions. Patients rely heavily on prescribing information and warning labels to understand medication risks and proper usage.
Responsibility for defective drug injuries may extend to multiple entities within the pharmaceutical supply chain:
Previous settlements highlight the severe consequences that defective drugs can cause when they reach the market and the accountability that courts have imposed:
The Vioxx settlement represents one of the most significant pharmaceutical settlements in American history. Merck agreed to pay $4.85 billion in 2007 to resolve thousands of lawsuits over its arthritis painkiller Vioxx, which was linked to increased risks of heart attacks and strokes. The settlement covered approximately 47,000 plaintiffs who claimed the drug proved fatal or caused serious injuries.
The Lancet medical journal estimated that 88,000 Americans had heart attacks from taking Vioxx, and 38,000 of them died. In 2011, Merck faced additional penalties, paying $950 million to the Department of Justice to resolve criminal charges related to illegal promotion and marketing of Vioxx.
GlaxoSmithKline paid $3 billion in 2012 to resolve claims for their drugs Paxil, Wellbutrin, and Avandia. They misbranded the antidepressants and offered incentives to doctors for off-label use, while failing to provide safety data for Avandia, which had heart safety concerns.
Takeda Pharmaceuticals settled for $2.4 billion in 2015 over the diabetes drug Actos, after failing to disclose bladder cancer risks associated with the medication.
Pfizer agreed to pay $2.3 billion in 2009 for improper marketing of multiple drugs including Bextra, Geodon, Zyvox, and Lyrica.
The consequences of taking a defective prescription drug can be devastating. Victims may experience severe side effects like organ damage, strokes, diabetes, depression, and even increased suicide risk. If you've suffered injuries because of a defective prescription drug, you may be entitled to compensation for:
New York law allows recovery of both economic damages (quantifiable financial losses) and non-economic damages (pain, suffering, emotional distress). In cases involving particularly egregious manufacturer conduct, punitive damages may also be awarded to punish wrongdoing and deter future harm.
New York imposes specific time limits for filing defective drug lawsuits. Product liability cases, including defective drug claims, generally must be filed within three years of the injury date. However, New York courts have established that these time limits typically begin when you first took the drug, not when you discovered your injuries.
This strict approach emphasizes the importance of seeking legal consultation promptly after experiencing serious adverse drug reactions, even when the full extent of injuries may not yet be apparent.
Successful defective drug cases require substantial evidence to establish liability against well-resourced pharmaceutical companies. Our attorneys typically gather:
Pharmaceutical litigation often requires clear, accessible explanations of complex medical and scientific issues—which is why skilled legal representation is essential.
Numerous medications have prompted litigation in recent years, including:
Zantac and ranitidine products have been removed from the market after testing revealed dangerously high levels of NDMA, a probable cancer-causing substance.
Talcum powder products have generated extensive litigation, with studies indicating potential links between talcum powder and ovarian cancer.
Other medications generating significant litigation include Accutane, various antibiotics, mental health medications such as Abilify and Risperdal, birth control products, and pain medications.
Q: How do I know if my injury was caused by a defective drug?
If you experienced unexpected or severe side effects—particularly those not properly disclosed—you may have a claim. Our attorneys can review your medical records and investigate whether your medication had known defects.
Q: What if I can't afford to pay legal fees upfront?
The Porter Law Group works on a contingency fee basis, meaning you pay no attorney fees unless we win your case. We also offer free consultations to evaluate your potential claim.
Q: Can I still file a lawsuit if I signed a consent form before taking the medication?
Yes. Consent forms do not protect drug manufacturers from liability for defective products. If the drug had defects that weren't properly disclosed, you may still have a valid claim.
Q: What if my doctor prescribed the medication for an off-label use?
Off-label prescribing does not automatically prevent a defective drug claim. If the medication itself was defective or the manufacturer illegally promoted off-label uses, you may still have a case.
Q: How long do defective drug cases typically take?
It depends on the complexity of your case and whether it goes to trial or settles. Some cases resolve in months, while others may take several years. We'll keep you informed throughout the process.
Q: Can family members file a lawsuit if someone died from a defective drug?
Yes. In New York, surviving family members can file wrongful death lawsuits within two years of the death. These cases can recover compensation for funeral expenses, lost income, and the pain and suffering of losing a loved one.
Q: What if multiple people were injured by the same drug?
Often, defective drug cases involve many injured parties. These may be handled as class action lawsuits or mass tort litigation, which can strengthen individual cases and improve settlement outcomes.
Suffering from a Prescription Drug Injury in New York?
Reach out to our experienced team for a free consultation.
Pharmaceutical companies have deep pockets and will likely try to offer the smallest possible settlement. They employ teams of lawyers and experts to defend against claims. Without experienced legal representation, you may not receive fair compensation for your injuries.
Our team at the Porter Law Group handles all communications, negotiations, and legal battles so you can focus on healing. We're prepared to take on these giants to get you the compensation you deserve and expose dangerous products to prevent further harm.
The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by catastrophic injuries. We have obtained some of the largest settlements and verdicts in courts throughout the State of New York. We are a state-wide firm that handles cases with a hometown feel.
Our clients come to us looking for guidance and answers. With seasoned trial lawyers, the Porter Law Group has the resources necessary to help you navigate the most complex cases, against goliath insurance companies that will stop at nothing to prevent you from receiving the compensation you deserve.
You only get one chance to hire the best lawyer for you and your family. Hire the lawyers most recommended by former clients and local attorneys, and the firm that obtains superior results.
When you or a loved one’s life has been devastated by a serious personal injury in New York, don’t hire a lawyer without calling the Porter Law Group to learn why so many of our clients are thankful they trusted us with their case in their time of need.
At The Porter Law Group, we understand the immense physical, emotional, and financial toll that a drug injury can take on you and your family. Let us handle the legal complexities while you focus on your recovery.
Don't let pharmaceutical companies shortchange you. Take advantage of a free case evaluation with our compassionate New York defective drug lawyers by calling 833-PORTER9 or emailing info@porterlawteam.com. We proudly serve clients throughout New York State and are ready to help you pursue the justice you deserve.
*Prior results do not guarantee a similar outcome.
Avoid sharing confidential information via contact form, text, or voicemail as they are not secure. Please be aware that using any of these communication methods does not establish an attorney-client relationship. *By appointment only.
The information contained on this site is proprietary and protected. Any unauthorized or illegal use, copying, or dissemination will be prosecuted to the fullest extent of the law. All content on this site is provided for informational purposes only. It is not, nor should it be taken as medical or legal advice. None of the content on this site is intended to substitute for medical advice, diagnosis, or treatment. Attorney Advertising.
We serve clients in every city and county in New York State. These include places like: The Adirondacks, Albany, Alexandria Bay, Amsterdam, Astoria, Auburn, Ballston Spa, Batavia, Beacon, Binghamton, Brooklyn, Buffalo, Canandaigua, Carthage, Cattaraugus, Catskill, Cayuga Lake, Cazenovia, Chelsea, Clayton, Clifton Park, Cobleskill, Colonie, Cooperstown, Corning, Cortland, Delhi, Delmar, Dunkirk, East Aurora, East Hampton, Elmira, Fayetteville, Finger Lakes, Flushing, Fredonia, Fulton, Garden City, Geneva, Glen Cove, Glens Falls, Gloversville, Gouverneur, Great Neck, Greenwich Village, Hamilton, Hammondsport, Harlem, Haverstraw, Hempstead, Herkimer, Hornell, Hudson, Huntington, Ilion, Ithaca, Jamaica, Jamestown, Johnstown, Kingston, Lake George, Lake Placid, Lewiston, Little Falls, Liverpool, Lockport, Long Island City, Lowville, Malone, Manhattan, Manlius, Massena, Medina, Middletown, Monticello, Montauk, Mount Vernon, New Paltz, New Rochelle, Newburgh, Niagara Falls, North Tonawanda, Norwich, Nyack, Ogdensburg, Old Forge, Olean, Oneida, Oneonta, Ossining, Oswego, Penn Yan, Peekskill, Plattsburgh, Port Chester, Potsdam, Poughkeepsie, Queens, Rhinebeck, Riverhead, Rochester, Rome, Rye, Sag Harbor, Saranac Lake, Saratoga Springs, Schenectady, Seneca Falls, Seneca Lake, Skaneateles, SoHo, Southampton, Spring Valley, Staten Island, Stony Brook, Suffern, Syracuse, Tarrytown, The Bronx, Thousand Islands, Ticonderoga, Troy, Tupper Lake, Utica, Warsaw, Waterloo, Watertown, Watkins Glen, Wellsville, White Plains, Williamsburg, Woodstock, Yonkers, and many more communities throughout New York State.
Copyright © 2025, Porter Law Group. Personal Injury Lawyers
Made with 💛 by Gold Penguin
