New York City Defective Drugs Lawyer

Pharmaceutical companies have a legal duty to make sure medications placed on the market are reasonably safe for public use. When a manufacturer fails to meet this duty, due to a manufacturing error, unsafe design, or inadequate warning about known side effects, people can suffer preventable harm. Contact a New York City defective drugs lawyer if you need legal help.

If you or someone close to you used a defective drug and experienced serious health problems, you may be eligible to pursue compensation. Parker Waichman LLP represents individuals across New York City and beyond who have been harmed by dangerous or recalled medications, including those linked to cases involving Zantac, Fosamax, Invokana, and other prescription drugs.

Why Choose Parker Waichman LLP for Your Defective Drug Case

When facing a pharmaceutical injury, working with a law firm that has experience and resources to stand up to major manufacturers can make a significant difference. Parker Waichman LLP brings more than 30 years of pharmaceutical litigation experience to these cases. Founding partner Jerrold S. Parker has advocated for injured clients for over 40 years and holds an AV Preeminent 5.0 rating from Martindale-Hubbell. This is the highest rating awarded for legal ability and professional ethics. He has been listed in Best Lawyers in America for personal injury litigation since 2010.

The firm also holds leadership roles in several major multidistrict litigations (MDLs). It serves as Co-Chair of the Leadership Development Committee in the Zantac litigation, sits on the Executive Committee of the Plaintiffs’ Steering Committee in the Elmiron case, and participates in leadership roles in the Tasigna and Hair Relaxer litigations. These appointments reflect judicial recognition of the firm’s capability to represent plaintiffs in large, coordinated pharmaceutical injury cases.

Across all practice areas, Parker Waichman LLP has obtained more than $2 billion in settlements and verdicts for clients. In significant pharmaceutical and medical device matters, the firm has been involved in results including $1.04 billion in the DePuy Pinnacle Hip Implant litigation, $250 million in the ReNu contact lens solution case, and $75 million in the Ortho Evra birth control patch litigation. Client reviews average 4.8 out of 5 stars across more than 549 ratings. Learn more about Parker Waichman LLP‘s track record on our verdicts and settlements page.

We work on a contingency fee basis, meaning you pay no upfront costs. Fees are collected only if compensation is recovered for you. All fee arrangements are provided in writing before representation begins. Contingency rates typically range from 25–33% depending on case specifics, and case expenses are deducted from any recovery. Offices are located throughout New York City, including Manhattan, Queens, and Brooklyn, with additional offices in New Jersey and Florida, allowing Parker Waichman LLP to represent clients nationwide while maintaining local accessibility.

What Is a Defective Drug Claim?

A defective drug claim arises when a medication causes injury because it was unsafe for its intended use. Under New York law, these claims may proceed under the principle of strict liability, which requires showing that the drug was defective and that the defect caused the injury, without needing to prove negligence.

Three Types of Drug Defects

Manufacturing Defects

These occur when errors during production make otherwise safe designs dangerous—for example, contamination or incorrect dosage. A batch produced with a harmful impurity or wrong potency could result in serious injury for patients using that batch.

Design Defects

A design defect means the risk comes from how the medication is formulated or functions biologically. Even if made correctly, the drug may be unsafe because its composition produces harmful effects that outweigh therapeutic benefits or because a safer formulation was available but not used.

Marketing and Failure to Warn Defects

Drug makers must clearly disclose known risks or potential side effects. A failure to warn defect arises when those risks are minimized, omitted, or inadequately presented. Patients and doctors may therefore be left unaware of serious dangers that the manufacturer knew or should have known about.

Common Defective Drugs We Handle

Parker Waichman LLP represents people injured by many medications later recalled or associated with significant adverse effects. These include:

• Zantac (ranitidine) – associated with increased cancer risk
• Fosamax – linked to bone fractures and osteonecrosis of the jaw
• Invokana – associated with kidney issues and diabetic ketoacidosis
• Actos – linked to bladder cancer
• Reglan – associated with tardive dyskinesia, a movement disorder
• Pradaxa – associated with uncontrolled bleeding
• Elmiron – associated with vision and retinal damage
• Ozempic and Wegovy – linked to reports of eye injury, including NAION
• Xarelto – associated with serious bleeding complications
• Opioids – known to cause addiction and overdose

If you suffered complications after taking a drug, even one not listed above, contact us for a free evaluation to learn whether you may have grounds for a claim.

How Parker Waichman LLP Helps Defective Drug Victims

Our approach includes comprehensive investigation and strategic advocacy throughout your case.

Investigation & Case Evaluation

We thoroughly review medical and prescription records and collaborate with qualified medical professionals to assess whether the medication likely caused your injuries. The review includes examining the manufacturer’s awareness of potential risks, FDA communications, and warning labels to determine liability.

Building Your Case

If we confirm you have a claim, we coordinate with medical experts who can explain the relationship between the drug and your injury. We gather documents and evidence regarding what the manufacturer knew and prepare your case for settlement or trial, presenting the strongest available argument for compensation under the law.

Pursuing Compensation

We negotiate with drug companies and insurers for fair settlements. Our experience in federal court proceedings and MDLs helps in understanding case valuation and procedural requirements. When settlement discussions do not produce fair terms, we proceed to trial, drawing on prior litigation experience and results to pursue the best possible outcome for clients.

Types of Compensation Available

Successful defective drug claims may result in recovery for several types of damages:

• Medical expenses – both past and future related care
• Lost wages – income lost while recovering
• Lost earning capacity – reduced ability to work or earn
• Pain and suffering – physical, emotional, and quality‑of‑life impacts
• Wrongful death damages – available to surviving family members in fatal cases
• Punitive damages – possible if the manufacturer’s conduct was exceptionally reckless or intentional

In New York, most product liability cases must be filed within three years of the injury, while wrongful death cases generally must be filed within two years of the date of death. Because deadlines are strict, it’s important to contact an attorney promptly.

The Defective Drug Lawsuit Process in New York

Understanding how these cases work can help you move forward confidently.

Initial Consultation & Case Review

Your case begins with a free, confidential consultation. We review your information, explain potential options, and discuss whether you may have a valid claim—without any obligation to proceed.

Investigation Phase

Once representation begins, we obtain medical records, consult experts, and research evidence showing what the manufacturer knew about product risks. This process may take months depending on case complexity.

Settlement Negotiations or MDL Participation

Many cases resolve through settlement. If your claim is part of an MDL, you may benefit from coordinated discovery and shared litigation resources among related cases while maintaining individualized representation.

Trial (if necessary)

If a fair settlement cannot be reached, we prepare your matter for trial, which may include presenting expert testimony and challenging the manufacturer’s witnesses. Our courtroom experience allows us to advocate effectively before the jury or judge.

Frequently Asked Questions

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

Generally, three years from your injury, or two years for wrongful death claims. Missing these deadlines may prevent recovery, so timely legal advice is critical.

What if I took the drug years ago?

Your filing period may depend on when you discovered your injury. Under New York’s discovery rule, some claims can be extended. Consult an attorney to evaluate your circumstances.

Do I need to prove the drug manufacturer knew about the danger?

Under strict liability, you only need to prove the defect and its causal link to your injury. However, showing that the manufacturer knew about the danger can strengthen your case and support potential punitive damages.

What if my case is part of an MDL?

An MDL consolidates similar cases for efficiency. Parker Waichman LLP participates in leadership positions within several MDLs, allowing clients to benefit from that experience while maintaining individualized representation.

How much does it cost to hire Parker Waichman LLP?

We work on a contingency fee basis. You pay only if we recover compensation for you. This arrangement aligns the firm’s interests with yours.

Can I still file a claim if the drug was recalled?

Yes. A recall does not block a lawsuit and may help demonstrate that a safety issue existed. It can provide evidence that the manufacturer recognized the problem.

What should I do if I’ve been injured by a defective drug?

Keep detailed medical and pharmaceutical records, document symptoms and impacts, and contact Parker Waichman LLP promptly for a free consultation. Acting quickly allows our team to begin investigating and preserving evidence.

Contact Parker Waichman LLP for Your Free Consultation

If you or a family member have suffered injury from a defective drug, contact us today. Call (212) 267-6700 to schedule a free, confidential consultation with a New York City personal injury lawyer. Parker Waichman LLP represents clients throughout New York City, including Manhattan, Queens, and Brooklyn, and nationwide in multidistrict litigations. There are no upfront fees; you pay nothing unless we recover compensation on your behalf.