Syracuse Defective Drugs Injury Lawyers

When a doctor writes a prescription, you take the medication on trust. You trust that the company that made it studied it honestly, that the label tells your physician what the risks actually are, and that the pill in the bottle contains what it is supposed to. When that trust is misplaced the harm is rarely minor, and patients usually have no idea whether the drug was responsible until someone goes back through the records.

Porter Law Group represents patients and families harmed by prescription medications across New York State, from Syracuse and Central New York to Buffalo, Rochester, Albany, and New York City. We identify which company made the drug you took, obtain the records that prove it, work with medical experts on causation, and pursue the manufacturer in the forum that fits your case. Consultations are free, and we handle defective drug cases on a contingency fee basis, so there is no fee unless we win.

Injured by a Prescription Drug in New York?
Our Recent Case Results
$17,800,000Settlement
$13,500,000Jury Verdict
$8,300,000Settlement
$8,250,000Settlement
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Prior results do not guarantee a similar outcome.

Why Choose Porter Law Group for a New York Defective Drug Claim

Pharmaceutical cases are not ordinary injury cases. The defendant is a corporation with in-house scientists, outside counsel, and a document trail measured in millions of pages. The central fight is almost never whether you were hurt. It is whether the drug caused the harm and whether the company knew enough to warn about it, and those questions are answered with regulatory files, internal safety correspondence, and qualified medical experts, not with argument.

When a Defective Drug Case Needs a Lawyer

Not every unpleasant side effect is a legal claim. You should speak with an attorney when any of the following apply:

  • You developed a serious condition, required hospitalization, or needed surgery while taking a prescription medication.
  • The reaction you had was not on the label your doctor was working from, or the label was changed afterward to add it.
  • The medication was recalled, withdrawn from the market, or made the subject of a safety communication.
  • A family member died and a prescription medication is a possible contributing cause.
  • Anyone has asked you to sign a release, complete a questionnaire, or give a recorded statement about your medication history.

Statewide Reach With a Syracuse Base

Porter Law Group is headquartered in Syracuse and maintains six offices across New York State. Drug litigation is national in shape and local in execution. The company may be headquartered anywhere and the coordinated proceeding may sit in another state, but your treatment happened here, your prescriptions were filled here, and your physicians practice here. Getting those records in a form that will stand up is local work.

How We Handle Defective Drug Cases

We start with product identification, because a drug case that cannot prove which company’s product you took has nowhere to go. That means the pharmacy dispensing history, the packaging if you still have it, and your insurer’s prescription benefit records. From there we build the medical timeline, obtain the labeling in effect when you were prescribed the drug, and work with physicians on causation. You work directly with the attorney handling your case. Read our client testimonials, review our case results, and meet the team on the Attorneys and Staff page.

Our Record in New York Injury Cases

$500M+ recovered for injured clients
8 of 8 attorneys selected to Super Lawyers or Rising Stars
50+ results of $1 million or more

Porter Law Group attorneys have been selected to Super Lawyers every year since 2011. Every case is different; past results do not guarantee future outcomes.

What Our Clients Say

Above and Beyond

Eric Nordby is friendly and professional. He went above and beyond in helping me resolve my legal issues. I highly recommend The Porter Law Group.

Welton Fickeisen
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A+

I am a lawyer and a client of Mike Porter. I obviously know a lot of lawyers and have been around them for most of my adult life. Without a doubt, Mike is one of the most talented lawyers I’ve ever seen. His work product is stellar. Mike’s work ethic is unmatched. He has been excellent counsel to me and I unconditionally recommend him to anyone. Other than my wife and parents, he has had the greatest impact on my life. I can never thank him enough for what he has done for me.

Paul P.
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Compassionate, Honest, Ethical

From the moment I met Michael Porter, I was treated with respect and compassion. His firm was completely attentive to my case, and kept me fully informed as we moved forward. His insights were accurate, and his suggestions were ethically sound. I recommend him enthusiastically!

Linda M.
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How New York Defective Drug Law Works

A defective drug claim is a species of product liability claim, and New York recognizes the same three theories here as for any other product. A drug can be defective in its design, in the way a batch was manufactured, or because the warnings were inadequate, and parallel claims for negligence and breach of warranty are also available. What makes medication different is that it is approved by a federal agency, dispensed through a licensed professional, and labeled for that professional rather than for you. Our broader product liability practice covers how they work for consumer goods, vehicles, and machinery.

Failure to Warn, the Theory Most Drug Cases Turn On

The great majority of viable prescription drug claims in New York are failure to warn claims. Every effective medication carries risk, and the law does not demand a risk-free drug. What it demands is that the company disclose the risks it knows about, or should know about, so a physician and a patient can weigh them against the benefit. A warning is inadequate when it omits a known risk, buries a serious one among trivial ones, understates the risk, or describes it in language that would not put a reasonable prescriber on notice.

The duty is a continuing one. As adverse event reports accumulate and post-marketing studies are published, the obligation is to reassess and strengthen the labeling when the evidence warrants. By the time litigation begins the label often acknowledges the risk, so the real question is when the company first had enough information to say so, and what it did in the interval. Safety review memoranda, correspondence with regulators, draft label revisions never submitted, and the company’s own pharmacovigilance databases are where that answer lives.

The Learned Intermediary Rule

New York, like most states, applies what is commonly called the learned intermediary rule to prescription drugs. The manufacturer’s duty to warn runs to the prescribing physician rather than directly to the patient, on the reasoning that a doctor is trained to weigh a drug’s risks against a particular patient’s condition and history.

The consequences cut both ways. The company does not defeat a claim by pointing to a consumer leaflet or an advertisement’s rapid disclaimer, because the legally relevant document is the professional labeling given to your doctor. But the case usually requires evidence about what your prescriber knew and would have done differently, which makes your treating physician’s testimony one of the most important pieces of evidence in the file. It is also why interviewing the prescriber early, before memories fade and before the defense reaches them, is a priority rather than a formality.

Design Defect Claims Against Prescription Drugs

A design defect claim says the formulation itself was unreasonably dangerous, meaning the flaw existed before a single tablet was pressed. New York evaluates design defect through a risk and utility analysis that normally contemplates a feasible safer alternative design, and applied to medication that framework is demanding, because describing a safer alternative molecule that would still treat the same condition is a difficult scientific showing. Design claims matter most where a safer formulation was within reach, where the dosing or delivery system was the source of the danger, or where the drug offered little benefit over existing options while carrying materially greater risk. They are usually pleaded alongside a failure to warn claim rather than in place of one.

Manufacturing Defects and Contamination

A manufacturing defect claim is the simplest of the three in concept. The design was sound and the label adequate, but something went wrong in production and the product you received departed from what the company intended to make. Because the standard of comparison is the manufacturer’s own specification, these claims do not require proving the drug should never have existed. The failures fall into recognizable categories:

  • Contamination with a foreign substance, an impurity generated during synthesis, or material carried over from a different product made on the same line.
  • Potency errors, where tablets contain more or less active ingredient than labeled, which is dangerous with any drug that has a narrow margin between a therapeutic and a harmful dose.
  • Sterility failures in injectable products, infusions, and compounded preparations.
  • Degradation caused by improper storage, temperature excursions in transit, or packaging that failed to protect the product through its labeled shelf life.
  • Mislabeled, misfilled, or incorrectly packaged product, including tablets of one strength packaged as another.

These cases are won on documents inside the plant. Batch production records, deviation investigations, and regulatory inspection findings tie a specific lot to a specific failure. This is the strongest practical reason to keep the bottle, because the lot number on the label is what connects your medication to the batch record.

Brand Name Versus Generic and Why It Changes Your Case

One question shapes a prescription drug case more than almost any other, and most injured patients have never considered it. Did you take the brand name product or a generic version?

Federal law requires a generic manufacturer’s labeling to match that of the brand name drug it copies, so a generic company cannot unilaterally add a warning the brand has not added. Courts have therefore held that failure to warn claims against generic manufacturers are generally barred. Manufacturing defect claims against generic makers can still proceed, because a contaminated or misfilled batch departs from that company’s own specifications. Prescriptions are commonly filled generically by automatic substitution at the counter, which is another reason the pharmacy record is the first document we request.

How the FDA Approval and Recall Process Fits Into Your Claim

Patients are often told a drug must have been safe because the government approved it. Understanding what approval involves, and what it does not, explains why that is not the answer people assume.

Approval Is a Floor, Not a Guarantee

A new medication moves through laboratory testing and then human trials before the agency reviews the manufacturer’s application and approves the drug for particular indications with particular labeling. Two features of that process matter to an injured patient. The agency evaluates what the company submits rather than running the studies itself, so the accuracy of the underlying data is the manufacturer’s responsibility. And trials are limited by design, often excluding older patients, pregnant patients, and people with complicating conditions, so a risk that appears rarely or only after years of use can be invisible at approval and obvious once millions take the drug. Approval is not a finding that the drug is safe forever, and it is not a defense to a claim that the company later learned something and failed to act.

Post-Market Surveillance and Label Changes

Once a drug is on the market, safety monitoring continues. Physicians, pharmacists, and patients submit adverse event reports, manufacturers must forward the reports they receive, and independent researchers publish findings. When that evidence supports it the labeling is revised, which can mean adding a warning, narrowing the approved population, or adding monitoring requirements. Label changes are among the most useful documents in a drug case, because a revision adding the exact injury a patient suffered establishes that the risk is now recognized, and the question becomes what the company knew before making it.

Recalls, Withdrawals, and What They Mean for You

Most drug recalls are initiated by the manufacturer, sometimes after the agency asks, and they are classified by how serious the hazard is. A market withdrawal removes a product entirely. A recall does not automatically prove your claim, and the absence of one does not defeat it. Many recalls address defects that injure no one, and many drugs that seriously harm patients are never recalled because the fix is a stronger warning rather than removal. What a recall provides is a public, dated acknowledgment that something was wrong, plus a defined scope of affected lots you can check your records against. Our article on compensation for drug recalls in New York covers what a notice means for someone who already took the medication. A recall notice is also often the moment a limitations clock becomes hard to ignore, so gathering your own records before responding to anyone who contacts you is the better sequence.

Marketing Beyond a Drug’s Approved Uses

A drug is approved to treat specific conditions in specific populations. Physicians may lawfully prescribe outside those boundaries when their judgment supports it, and off-label prescribing is common and often appropriate, particularly in oncology and pediatrics. Manufacturers, however, face significant restrictions on promoting a medication for uses it was not approved to treat.

The distinction matters because of what the studies did and did not examine. When a drug is promoted into a population it was never tested in, whether a different age group, condition, duration, or dose, the safety data underlying the label may say nothing about the risks that population faces. The physician then prescribes on information that does not cover the situation, and the label carries no warning because the use was never submitted for review. Being prescribed a drug off-label does not by itself create a claim. It becomes relevant when the medication was defective or inadequately labeled and the manufacturer’s conduct helped put you in a population it had not studied.

Who Can Be Held Responsible

Responsibility can extend across the chain that brought the medication to you, and identifying each potentially responsible party early matters because each holds different documents.

  • Brand name manufacturers design the drug, run and interpret the trials, write the labeling, and own the continuing duty to monitor safety. They are the primary defendant in most failure to warn cases.
  • Generic manufacturers remain answerable for manufacturing defects in their own product and for failing to keep their labeling current with the brand’s.
  • Active ingredient suppliers and contract manufacturers often produce the drug substance for the company whose name appears on the bottle, and contamination problems frequently originate at that level.
  • Testing laboratories and research organizations can face exposure where they conducted the studies and failed to identify or accurately report a safety problem.
  • Repackagers, distributors, and wholesalers may be responsible for storage failures and for allowing adulterated or counterfeit product to reach patients.
  • Compounding pharmacies prepare medications outside the standard approval framework and have been a source of serious contamination and potency failures.

When the Claim Belongs to Medical Malpractice Instead

Not every injury involving a prescription is a defective drug case. Where the medication itself was fine but a professional made an error, the claim is generally a medical malpractice claim rather than a product claim. That covers prescribing a drug the chart shows the patient is allergic to, ordering the wrong dose, missing a dangerous interaction, failing to order the monitoring the label calls for, and pharmacy dispensing errors such as filling the wrong medication or mislabeling directions.

Some cases are genuinely both, and those claims can proceed together against different defendants. Getting the category right early matters because the two paths have different proof requirements and different deadlines. New York also applies special procedural requirements to malpractice claims, explained in our article on why New York requires a certificate of merit and expert testimony.

Medications and Products That Have Generated Litigation

Pharmaceutical litigation tends to follow a pattern. A medication is widely prescribed, a safety signal emerges, the labeling changes or the product is withdrawn, and claims from patients injured before the change follow. A drug appearing here does not mean everyone who took it has a claim, and a drug not appearing does not mean you do not.

GLP-1 Medications for Diabetes and Weight Loss

Medications in the GLP-1 receptor agonist class, prescribed for type 2 diabetes and later for weight management, have been the subject of claims alleging that gastrointestinal complications were not adequately described in the labeling physicians relied on. If you took one and developed a serious digestive condition, our page for Ozempic injury claims in New York covers the reported complications, the labeling history, and how these cases are handled. Our related page on weight loss drug injuries addresses the broader category.

Contamination and Impurity Cases

Ranitidine products, long sold under the brand name Zantac for heartburn and reflux, were withdrawn from the market after testing identified the contaminant NDMA, a probable human carcinogen. Impurity cases sit at the intersection of manufacturing and warning claims, because the question is both how the contaminant got there and what the company knew about its formation over time.

Other Medications With Litigation History

Claims have arisen over a range of other medications, including the arthritis painkiller Vioxx, which its manufacturer withdrew after post-approval data raised cardiovascular concerns; the diabetes medications Avandia and Actos; the antidepressants Paxil and Wellbutrin; the antipsychotics Abilify and Risperdal; and the acne medication Accutane. Injuries alleged across these cases include cardiovascular events, internal organ damage, cancers including bladder cancer, endocrine conditions, psychiatric injuries, and birth defects.

Some widely litigated products are not prescription drugs at all. Talc-based body powder is an over-the-counter consumer product, and claims connecting it to ovarian cancer proceed under ordinary product liability rules without the learned intermediary framework, as covered on our page about talcum powder and ovarian cancer claims. Implanted hardware, surgical mesh, and similar items follow another set of rules, addressed on our page for defective medical device claims.

Talk to a New York Defective Drug Lawyer

Tell us what you took and what happened. Free consultation, and no fee unless we win.

How Mass Torts and MDLs Work for an Individual Client

When a medication injures many people in similar ways, the resulting cases are usually coordinated. Clients find this the most confusing part of the process, largely because of how it is described in advertising, so it is worth explaining what happens to your case.

A Mass Tort Is Not a Class Action

In a class action, one judgment binds everyone in the class and members typically receive a uniform share. That structure does not fit personal injury drug cases, because patients differ in dose, duration, medical history, and severity of harm. A mass tort works differently. You file your own lawsuit, and it keeps its own caption, facts, and damages. What gets shared is the expensive general work, principally the scientific proof that the drug can cause the injury and the discovery of the manufacturer’s internal records. Your individual proof, that you took the drug, that it caused your harm, and what that harm has cost you, remains yours to establish.

What Happens to Your Case Inside an MDL

Federal multidistrict litigation coordinates cases that share common questions. A panel of federal judges transfers cases filed around the country to a single district judge, who supervises pretrial proceedings for all of them. New York courts have a comparable mechanism for cases pending in different counties. Inside the proceeding, the sequence usually looks like this:

  • A leadership group of plaintiffs’ attorneys is appointed to conduct discovery against the manufacturer on behalf of all cases.
  • Each plaintiff completes a detailed fact sheet documenting their prescriptions, providers, injuries, and medical history, on court-imposed deadlines.
  • The parties litigate general causation, the scientific question of whether the drug is capable of causing the injury, through expert discovery.
  • A small set of representative cases is worked up in full and tried as bellwethers, showing both sides how juries respond to the evidence.
  • Depending on those results, cases resolve through a settlement program, individually, or by return to the original court for trial.

What This Means Day to Day

Coordinated litigation is slower than a single-plaintiff case, because the causation phase and the bellwether trials take years and everyone waits on them. Your individual obligations are real, and missed fact sheet deadlines can result in dismissal, so the paperwork you receive is not a formality. You also retain the right to accept or reject any settlement. The firm you hire still matters here, because someone has to preserve your evidence, document your damages, meet your deadlines, and evaluate whether what is offered fits what happened to you. Cases are frequently lost at the threshold on product identification, on limitations, or on missing prescription records.

What to Do After a Suspected Drug Injury in New York

Get Medical Care and Tell Your Doctor Everything

Seek evaluation for the symptoms, and do not stop a prescribed medication abruptly without medical advice, because some drugs cause serious harm on sudden discontinuation. Tell every provider the complete list of what you take, including over-the-counter products and supplements, and say plainly that you believe a medication may be responsible. That statement in the chart, made contemporaneously, is worth a great deal later. Then follow the treatment plan, because gaps in treatment are the argument every defendant makes about how serious an injury really was.

Do Not Throw Anything Away

This is the single most valuable thing you can do, and it is the step people miss. Keep the bottle, the box, the blister packs, the package insert, and any remaining pills exactly as they are. Do not consolidate leftover medication into one container, peel off labels, or discard packaging because the prescription is finished. The label carries the manufacturer name, the national drug code, the lot number, the dispensing pharmacy, and the fill date, and those identifiers connect your medication to a specific company and production batch. Photograph everything as a backup, and keep the items until your attorney tells you otherwise.

Report the Reaction

Ask your physician or pharmacist to submit an adverse event report, and understand that you may submit one yourself. Reporting feeds the surveillance data that eventually drives label changes, and it creates a dated record that you experienced the reaction and attributed it to the drug at the time.

Two things to avoid. Do not give a recorded statement or sign a broad medical authorization before speaking with an attorney, because a general authorization opens your entire medical history rather than the part relevant to your claim. And be careful what you post publicly, since defense counsel review social media.

Evidence That Strengthens a Defective Drug Claim

Drug cases are documentary cases. Bring whatever you have to your consultation, even if it is incomplete, and we will pursue the rest.

Proof of what you took

  • The complete dispensing history from every pharmacy that filled the prescription, which most pharmacies print on request and which identifies the manufacturer of each fill.
  • Bottles, boxes, blister packs, package inserts, and any remaining medication, kept intact with labels and lot numbers readable.
  • Prescription benefit records from your health insurer, which often reconstruct years of fills when pharmacy records fall short.
  • Receipts, mail order confirmations, and pharmacy app history.

Medical documentation

  • Records from the prescribing physician, including office notes on why the drug was chosen and what you were told.
  • Hospital, surgical, and specialist records for the injury, plus imaging, pathology, and laboratory results.
  • Records predating the medication, which establish your baseline health and answer the argument that the condition was already developing.
  • Every bill and explanation of benefits. See our guide on obtaining medical records in New York.

Notices and communications

  • Any recall notice or safety letter you received from a pharmacy, manufacturer, or health plan, with the envelope and date.
  • Correspondence from anyone who has already contacted you about the medication, including questionnaires and authorizations.

Damages and life impact

  • Proof of lost wages, disability filings, and out-of-pocket costs including travel to appointments.
  • A dated journal of symptoms, treatment, and the activities the injury has taken away.
  • Names of people who can describe your health before and after.

Damages Available in a New York Defective Drug Case

What a defective drug claim is worth depends entirely on the facts, and no attorney can quote a figure before reviewing the medical evidence. What can be described is which categories of loss New York allows.

Economic Damages

Economic damages are the documented financial consequences of the injury. They include emergency and hospital care, surgery, medication, rehabilitation, assistive equipment, and future treatment that has not happened yet but is medically expected. They also cover lost wages and diminished earning capacity where the injury permanently limits the work a person can do. Where an injury requires long-term management, a life care plan prepared by a qualified professional is often what makes future costs provable rather than speculative.

Non-Economic Damages

Non-economic damages compensate the human consequences. That means physical pain, permanent impairment or disfigurement, the anxiety of living with a condition that will not resolve, and the loss of activities, work, and relationships the injury took away. A spouse may have a derivative claim for loss of services and companionship. Because these damages are proven through testimony rather than invoices, the dated journal described above does far more work than it appears to.

Punitive Damages and Wrongful Death

New York permits punitive damages in narrow circumstances, where conduct goes beyond ordinary carelessness into conscious disregard for the safety of others. In pharmaceutical cases that argument rests on the internal record, typically evidence that a company recognized a serious risk and chose not to disclose it. Punitive damages are not available in every case and are never assumed.

Where a medication contributes to a death, the claim shifts to the estate. A personal representative brings the wrongful death action for the survivors’ pecuniary losses, and a separate survival claim covers the conscious pain and suffering the person experienced before death. Our article on mistakes to avoid when filing a New York wrongful death claim covers the process, including why the estate has to be opened first.

How Long You Have to File a Defective Drug Claim

New York’s deadlines for drug injury claims are more favorable than older descriptions suggest, but they are easy to miscalculate, and a missed deadline ends a claim no matter how strong the evidence is.

The general limitations period for a personal injury action, including a product liability claim, is three years under CPLR 214. For drug injuries the more important provision is usually CPLR 214-c, which governs injuries caused by the latent effects of exposure to a substance and expressly includes ingestion and injection, so prescription medication falls within it.

CPLR 214-c matters because of when the clock starts. Rather than running from the date you first took the drug, the three-year period runs from the date you discovered the injury or the date you should have discovered it through reasonable diligence, whichever comes first. That distinction is decisive for conditions that develop quietly over years, which describes a great many pharmaceutical injuries. Anyone told their claim expired because they started the medication more than three years ago should have that conclusion checked. Several further points change the arithmetic:

  • Discovery of the injury is not the same as discovery of the cause. The clock generally starts when you knew you were injured, even if you did not yet know a drug was responsible. CPLR 214-c contains a narrow provision allowing a further limited window where the connection was not scientifically knowable earlier, but it is demanding and should never be the plan.
  • Wrongful death. Under EPTL 5-4.1, a wrongful death action must generally be commenced within two years of the death, which is shorter than the personal injury period and runs from a different date.
  • Injured children. The limitations period is generally tolled during childhood, so a young person’s own claim often remains available well after the exposure. A parent’s separate claim for the child’s medical expenses is not tolled the same way.
  • Malpractice claims have their own shorter clock. If part of what happened involves a prescribing, monitoring, or dispensing error, that portion is governed by the malpractice period and can expire while the product claim is still alive.
  • Practical deadlines arrive first. Pharmacies purge dispensing records after a period of years, prescribers retire, and coordinated proceedings set filing deadlines of their own.

Frequently Asked Questions

How much does a New York defective drug lawyer cost?

Porter Law Group handles defective drug cases on a contingency fee basis. You pay nothing upfront and nothing unless we win your case, and the initial consultation is always free. Having a lawyer review your prescription and medical records before you decide anything costs you nothing.

How do I know whether my injury was caused by a defective drug?

In most cases you do not know at the outset, and you are not expected to. That determination comes from comparing your medical timeline against when you started and stopped the medication, reviewing the labeling in effect when it was prescribed, and consulting physicians on causation. What you can notice is the pattern that prompts a review. A serious condition that appeared while you were taking a prescription, a reaction that was not on your doctor’s label, or a label strengthened afterward are all reasons to have someone look at the records.

The FDA approved the drug. Does that mean I cannot sue?

No. Approval reflects a judgment that the known benefits outweighed the known risks for the approved use, based on the information the manufacturer submitted. It is not a certification that the drug is safe for everyone indefinitely, and it does not excuse a company that later learned of a serious risk and failed to update its warnings.

Does it matter whether I took the brand name drug or the generic?

Yes, more than almost anything else. Federal law requires a generic manufacturer’s labeling to match the brand’s, so failure to warn claims against generic makers are generally barred. Manufacturing defect claims against a generic manufacturer can still proceed, since a contaminated or misfilled batch departs from that company’s own specifications. Prescriptions are commonly filled generically through automatic substitution and patients usually do not notice, which is why your pharmacy dispensing history is the first record we request.

How long do I have to file a defective drug claim in New York?

The general personal injury period is three years under CPLR 214. For injuries caused by the latent effects of exposure to a substance, which includes medications you ingested or were injected with, CPLR 214-c provides that the three-year period runs from when you discovered the injury or reasonably should have discovered it, rather than from the date you first took the drug. Wrongful death claims are generally subject to a two-year period under EPTL 5-4.1, and any portion of your case involving a prescribing or dispensing error falls under the shorter malpractice deadline.

Is a mass tort the same thing as a class action?

No. In a class action, one outcome binds everyone and members typically receive a uniform share. Drug injury cases rarely fit that model because patients differ in dose, duration, and severity of harm. In a mass tort you file your own lawsuit with your own facts and damages, and what is shared is the general scientific proof and the discovery of the manufacturer’s records. You keep the right to accept or reject any settlement.

Can I still sue if I signed a consent form or the drug was prescribed off-label?

In most cases yes. A consent form acknowledging risks does not release a manufacturer from responsibility for a defective product, and it does not cover a risk the company never disclosed. Off-label prescribing is lawful and common, and it does not by itself defeat a claim. It can matter in your favor where the manufacturer promoted the drug for that use, because the safety data supporting the label may say nothing about the population you were in.

Can my family file a claim if a prescription drug caused a death?

Yes. In New York a wrongful death action is brought by the personal representative of the estate, which means the estate generally has to be opened in Surrogate’s Court first. The claim covers the survivors’ pecuniary losses including lost support and funeral expenses, and a separate survival claim covers the pain and suffering the person consciously experienced before death. Under EPTL 5-4.1 the action must generally be commenced within two years of the death.

Where We Serve Defective Drug Clients in New York

Porter Law Group is based in Syracuse and represents injured patients throughout Onondaga County, including Liverpool, Cicero, DeWitt, Camillus, Manlius, North Syracuse, Baldwinsville, Fayetteville, Skaneateles, Marcellus, Solvay, Salina, and Clay, along with the city neighborhoods of Eastwood, Westvale, Strathmore, Tipperary Hill, and University Hill. We also work with clients across Central New York in Auburn, Cortland, Oswego, Ithaca, Utica, and Rome.

We maintain offices throughout New York State and take defective drug cases statewide, including in Saratoga Springs and the Capital Region, the Southern Tier, and the Hudson Valley. See our local pages for Syracuse, Buffalo, Rochester, Albany, and New York City, browse all of our New York offices, or read the latest updates on the Porter Law Group blog.

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Contact a New York Defective Drug Lawyer

If you believe a prescription medication harmed you or someone in your family, the useful first step is a review of what you actually took and when. Pharmacy dispensing histories can be requested, the labeling in effect on your prescription date can be pulled, treating physicians can be interviewed while they still remember, and the packaging in your cabinet can be preserved before it is thrown out. None of that requires you to have decided anything.

These are cases against companies with substantial resources and experienced defense counsel, and they take time. That is a reason to start early, not a reason to stay out. Our Syracuse office is at 100 Madison Street, Suite 1500, Syracuse, NY 13202. If you cannot come to us, we will come to you at your home or a hospital room. We also meet clients at our Buffalo, Rochester, Albany, Saratoga Springs, and New York City offices.

Call 833-PORTER9 or email info@porterlawteam.com for a free, no-obligation consultation. We handle defective drug cases on a contingency fee basis, so you pay nothing unless we win.

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