Metformin Kidney Damage Lawsuit in New York

Yes. If a physician prescribed metformin despite evidence of reduced kidney function — or failed to monitor your kidneys during treatment — you may have a medical malpractice claim in New York. You must show the prescriber deviated from accepted medical standards and that the deviation directly caused your kidney injury. Under CPLR §214-a, most medical malpractice claims in NY must be filed within 2.5 years of the negligent act or the end of continuous treatment.

Metformin is cleared through the kidneys, and patients with chronic kidney disease (CKD) or acutely reduced kidney function cannot eliminate the drug normally. This can lead to a dangerous buildup of lactic acid in the blood — called lactic acidosis — which can be life-threatening. The FDA has issued label warnings restricting metformin use in patients with impaired renal function, and prescribers are expected to check kidney markers (eGFR) before and during treatment.

Depending on the facts, liable parties may include the prescribing physician or specialist who failed to screen for kidney disease, the hospital or clinic where the drug was ordered, or the pharmacist who dispensed it without flagging a contraindication. In rare cases involving a manufacturing defect or inadequate warning, the drug manufacturer may also bear responsibility under NY product liability law.

Compensable damages may include medical expenses (past and future), lost wages and reduced earning capacity, pain and suffering, and costs of ongoing dialysis or kidney transplant care. New York does not cap compensatory damages in medical malpractice cases, but there is a cap on attorney fees in medical malpractice matters under Judiciary Law §474-a. Because NY’s statute of limitations for medical malpractice is 2.5 years (CPLR §214-a), consult an attorney as soon as possible to preserve your claim.