When you take a medication prescribed by your doctor, you trust that it’s safe. Unfortunately, some drugs cause serious harm despite the manufacturer’s claims of safety. If a defective drug has injured you or a loved one, you may have the right to pursue compensation. A defective drug lawyer in New Brunswick can help you understand your legal options and seek damages. Brach Eichler Injury Lawyers has recovered over $700 million for clients across New Jersey. We bring that same dedication to helping those harmed by dangerous medications.
Why Choose Brach Eichler Injury Lawyers for Your Defective Drug Case
When dealing with a serious drug injury, it helps to work with a law firm that has experience handling these claims. Brach Eichler Injury Lawyers has spent decades representing New Jersey residents harmed by defective medications and medical devices. Our team includes trial attorneys familiar with product liability law. We work to hold manufacturers accountable where the law allows.
We work on a contingency basis, meaning fees are typically owed only if there is a recovery. Your initial consultation is free. We handle the legal process while you focus on your recovery. We maintain a New Brunswick office at 317 George Street, Suite 320, making it convenient for local residents to meet with our experienced attorneys. Our firm has recovered over $700 million for clients, and we apply that same approach to every defective drug case we handle.
What Makes a Drug Defective
A drug may be considered defective under several legal theories. Understanding these categories helps explain when manufacturers and others may be held liable for injuries caused by their products. Under New Jersey law, manufacturers have a duty to ensure their products are safe for consumers.
Manufacturing Defects
A manufacturing defect occurs when something goes wrong during production. The drug’s design may be safe, but errors in manufacturing create a dangerous product. Examples include contamination during production, incorrect dosage amounts in individual pills, or improper mixing of ingredients. When a manufacturing defect causes injury, a manufacturer may be held liable even if it exercised care in the process. Under New Jersey product liability law, strict liability principles often apply to manufacturing defects, meaning you don’t need to prove negligence.
Design Defects
A design defect means the drug itself may be unreasonably dangerous, even when manufactured correctly. This can occur when the risks outweigh the benefits or when safer alternative designs were available. In some cases, liability may also arise from inadequate warnings about known risks. For example, if a drug is associated with serious adverse events, such as heart attacks, and those risks are not properly disclosed, it may form the basis of a claim. Manufacturers are generally required to provide appropriate warnings to prescribing physicians under FDA regulations. The American Medical Association also establishes standards for pharmaceutical safety and disclosure.
Common Defective Drugs We Handle
Brach Eichler Injury Lawyers has represented clients injured by numerous medications. While this list is not exhaustive, it includes drugs we frequently handle:
- Vioxx (rofecoxib) – linked to heart attacks and strokes
- Phen-Fen (fenfluramine/phentermine) – associated with heart valve damage
- Baycol (cerivastatin) – associated with severe muscle breakdown
- Propulsid (cisapride) – linked to heart rhythm problems
- Rezulin (troglitazone) – associated with liver failure
- Accutane (isotretinoin) – linked to severe birth defects
- Avandia (rosiglitazone) – associated with increased heart attack risk
- Bextra (valdecoxib) – linked to serious skin reactions and cardiovascular issues
If you’ve been injured by a medication not listed here, contact us. We evaluate cases involving a wide range of drugs that may have caused unexpected harm. Our case results demonstrate our success in recovering substantial compensation for injured clients. Many of our New Brunswick personal injury cases have resulted in significant settlements and verdicts.
Injuries and Damages You Can Recover
Defective drug injuries can range from mild to life-threatening. The compensation you may recover depends on the severity of your injuries and their impact on your life. New Jersey law allows recovery of both economic and non-economic damages where liability is established.
Economic damages may include:
- Current and future medical expenses
- Surgical procedures and hospital stays
- Prescription medications and ongoing treatment
- Lost wages during recovery
- Reduced earning capacity
- Costs of medical equipment or home modifications
Non-economic damages may include:
- Physical pain and discomfort
- Emotional distress and anxiety
- Loss of enjoyment of life
- Permanent scarring or disfigurement
- Reduced quality of life
In cases involving a fatal injury, certain family members may pursue wrongful death damages, which can include funeral expenses, loss of financial support, and loss of companionship, as permitted under New Jersey law. Our wrongful death attorneys have extensive experience pursuing these claims.
How Defective Drug Claims Work in New Jersey
New Jersey product liability law often applies to defective drug cases. In many situations, claims are brought under a strict liability framework, meaning a plaintiff generally does not need to prove traditional negligence. However, the injured party must still show that the drug was defective and that the defect caused the injury.
Several parties may potentially be held liable, including manufacturers and, in some cases, entities in the distribution chain. Your attorney can investigate the facts of your case and identify appropriate parties to pursue for compensation. Understanding how personal injury lawsuits work can help you prepare for the legal process ahead.
Defective drug claims are frequently handled through individual lawsuits or multidistrict litigation (MDL), rather than traditional class actions. While class actions are possible in some circumstances, many pharmaceutical cases proceed individually due to differences in injuries and damages. An attorney can help determine the most appropriate path for your situation.
One important consideration is the statute of limitations. In New Jersey, you generally have two years from the date of injury to file a lawsuit. If the injury was not immediately discovered, the deadline may be calculated from the date you reasonably became aware of the harm. Prompt legal guidance can help protect your rights under New Jersey’s statute of limitations law. The New Jersey Association for Justice advocates for consumer protection in pharmaceutical liability cases.
Frequently Asked Questions About Defective Drug Cases
How long do I have to file a defective drug lawsuit?
New Jersey generally provides a two-year statute of limitations from the date of injury. If the connection between the drug and the injury was not immediately known, the discovery rule may apply, potentially extending the deadline. The exact timing depends on the facts of your case.
Do I need to prove the manufacturer was negligent?
Not necessarily. Many defective drug claims in New Jersey are brought under product liability law, which may not require proof of negligence. However, you must still demonstrate that the drug was defective and that the defect caused your injury.
What if I took the drug as prescribed?
Taking a medication as prescribed does not prevent you from pursuing a claim. In fact, proper use may support an argument that the injury resulted from the drug itself rather than misuse. Liability will still depend on the specific facts and applicable law. Our New Brunswick dangerous drug attorneys can evaluate whether you have a viable claim.
Can I join a class action lawsuit?
Possibly, but many defective drug cases are handled as individual claims or as part of coordinated proceedings like MDLs. Whether a class action is appropriate depends on the circumstances of the drug and the similarities among affected individuals.
How much is my defective drug case worth?
The value of a case depends on factors such as the severity of injuries, medical treatment, lost income, and long-term impact on your life. While past results, including settlements and verdicts ranging from hundreds of thousands to millions of dollars, may provide context, they do not guarantee similar outcomes. An attorney can review your case and provide a more specific assessment.
What should I do if I’ve been injured by a defective drug?
Seek medical attention right away and follow your doctor’s guidance. Report your symptoms and ask that they be documented in your medical records. Keep records of prescriptions, treatments, and related expenses. You may then contact Brach Eichler Injury Lawyers for a free consultation to discuss your legal options. Learn what documents you’ll need for your case.
Contact Brach Eichler Injury Lawyers for a Free Consultation
If a defective drug has harmed you or someone you love, Brach Eichler Injury Lawyers is available to discuss your situation and help you explore your legal options. We offer free consultations with no obligation and handle cases on a contingency fee basis, meaning fees are typically paid only if there is a recovery.
Call us today at (973) 364-8300 to speak with a defective drug lawyer. If you cannot visit our New Brunswick office at 317 George Street, Suite 320, we can discuss alternative arrangements. We are available 24 hours a day to answer your questions and review your case. Our New Brunswick personal injury attorneys serve clients throughout the region.
Written by: Brach Eichler Injury Lawyers Last Updated : May 25, 2026We are the trial attorneys with the experience and knowledge to get you the results you deserve. At Brach Eichler Injury Lawyers, we take time to get to know you, as well as your case. We are committed to excellence. It is important for our team to understand your fears, concerns and expectations. We are always available to answer any questions, and are willing to come to you if you are unable to come to us.
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