Dangerous or Defective Drug Attorneys


Companies that put dangerous or defective drugs in the hands of consumers should be held accountable for their actions and held responsible for these consumers’ well-being. Maggiano, DiGirolamo & Lizzi have represented the injured in Bergen County and throughout New Jersey and New York since 1974, helping hundreds of people along the way. Our million-dollar and multi-million-dollar settlements have earned us inclusion in the Million Dollar Advocates Forum, of which fewer than 1 percent of U.S. lawyers are members. Maggiano, DiGirolamo & Lizzi was named to U.S. News and World Report’s Best Law Firms list of 2013, and Michael Maggiano and Christopher DiGirolamo have received the highest possible ratings as car accident attorneys by the AVVO Lawyer Ratings service.


If you or a loved one has suffered an adverse reaction or injury due to a dangerous or defective drug, we can help. With more than 80 years’ worth of combined trial experience, we are prepared to investigate your claim and fight to hold the negligent party accountable for their actions. Call Maggiano, DiGirolamo & Lizzi at (201) 585-9111 or contact us online to discuss your legal options in a free consultation today.


What is Products Liability?


“Products liability” is the legal term that holds manufacturers, distributors, suppliers, and sometimes even retailers accountable for producing and selling dangerous products. Essentially, products liability comes down to expectations: the product in question must meet the reasonable expectations of the consumer. If it does not do so and it causes an injury as a result, there could be grounds for a product liability case.


There are three major types of products liability cases:


Design defects represent a problem with the original blueprint of a product, which caused the product to be unreasonably dangerous or hazardous for users. In order to prove this type of product liability claim, the plaintiff must show that the product was inherently flawed, or in other words, that the product would still be dangerous if used as instructed.


A plaintiff should ask the following questions to figure out whether or not the product was defectively designed:

  • Was the product’s design unreasonable dangerous prior to production?
  • Was it plausible to anticipate the design of the product could harm a potential user?
  • Could the manufacturer have used an economically feasible superior design that would not alter the purpose of the product?


Answering yes to any of the above questions indicates grounds for a products liability claim.


Manufacturing defects occur after the development of the original blueprint, and they represent a breakdown in the manufacturing process. A defectively manufactured product is a departure from the designer’s or manufacturer’s specifications for a particular product. When the product is not produced according to the initial plan, resulting in an unsafe final product, it has been defectively manufactured. (These cases are among the easiest to prove because the company’s own internal design standards or specifications will reveal that the final product was not produced according to specifications.)


Marketing defects occur when a product is improperly labeled. Common marketing defects include the failure to provide adequate warning labels or instructions for safe use. Failing to warn consumers of hidden safety hazards or provide them with instructions for safe handling of the product will open up the company to products liability. Sometimes this happens unintentionally, but in more troubling cases, a company will intentionally misrepresent a product to minimize risks, increase sales, or meet other internal goals. This can also rise to the level of products liability if the failure to warn or failure to appropriately explain the product leads to injury or property damage.


Causes of Dangerous or Defective Drugs


Prescription drugs play an important part in the lives of many Americans, with approximately 70 percent of U.S. residents taking at least one prescription drug. What’s more, 20 percent of Americans take five or more prescription medicines on a regular basis. With so many drugs to regulate, the Food & Drug Administration and other regulatory agencies must adhere to high standards for safety and effectiveness of pharmaceutical drugs.


Dangerous or defective drugs may be the result of shoddy testing, contamination during the manufacturing process, or undisclosed risks on warning labels (whether intentional or unintentional). They can also arise from errors during the manufacturing process, such as labeling the drugs incorrectly, filling capsules with the wrong dosage, or other negligent errors. In certain cases, the drug may not be dangerous until it is mixed with another kind of medication, such as when a patient is taking pills for heartburn while also on blood pressure medication; if the combination of two drugs creates an adverse reaction and that reaction is not addressed on the warning label, there could be grounds for a products liability suit.


Filing a Dangerous Drug Lawsuit


When an unsafe drug is discovered on the market, in many cases there will be a class action lawsuit. In a class action lawsuit, a large number of people with similar claims join together to sue the liable company. Since new pharmaceuticals are prescribed to hundreds, if not thousands, of patients within the first few years of being on the market, a large number of people can be affected by the time the defect is discovered.


Depending on the circumstances of your case and your injuries, you could have the option to join a class action suit or file your own personal injury claim. You may have more success with an individual lawsuit if your injuries are substantially different from other people in the class action suit or if there are other differentiating circumstances in your case.


In order to win a product liability case for dangerous or defective drugs, you must prove:

  • You were injured.
  • The drug was defective, whether in design, manufacturing, or labeling.
  • The defect or improper labeling was the proximate cause of your injury.


Contact Maggiano, DiGirolamo & Lizzi


Maggiano, DiGirolamo & Lizzi have a proven track record of fighting for clients, both in and out of court. Our experienced attorneys participated in a mass tort action against a drug manufacturer that contributed to the condition rhabdomyolysis and won $325,000 for a school teacher who was hospitalized after using the drug for an extended period of time.


Our trial attorneys have achieved numerous multi-million dollar verdicts and settlements. Our legal team has more than 30 years of experience and we know how to fight the pharmaceutical giants. Maggiano, DiGirolamo & Lizzi will ensure that your case is rock-solid and trial-ready, giving you the best chance of success. You deserve aggressive and effective representation in your fight against drug manufacturers—call (201) 585-9111 or contact Maggiano, DiGirolamo & Lizzi online to schedule your free and confidential consultation.