QUESTION
Can I sue a medical company because their health warning wasn't big enough?
Asked on Apr 26th, 2011 on Personal Injury - New York
More details to this question:
I used an over the counter nasal spray for a year and a half. I started having extremely high blood pressure so I stopped using the nasal spray, and my blood pressure went down. And I discovered that I have an aortic aneurysm after using the nasal spray, too. There was a warning against prolonged use on the package but it was extremely small and I did not see it until I had been using the spray for over a year. Can I sue the medical company?
5 ANSWERS
Workers Compensation Attorney serving West Palm Beach, FL
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Maybe. You need to talk to medical malpractice attorney.
Answered on Jun 11th, 2013 at 12:12 AM
Wrongful Death Attorney serving Salem, OR
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Swanson Lathen Prestwich, PC
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Yes. You can bring a claim against the manufacturer of the spray.
Answered on Apr 28th, 2011 at 5:20 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It may be worth finding an attorney to look into it. Products liability cases are very complex and expensive to bring to court. If you can prove that the product is unreasonably dangerous, which involves a number of factors, including whether a safer design (such as the delivery system for example), whether the warnings are adequate if there are hazards that cannot be "engineered" out.
Answered on Apr 28th, 2011 at 12:20 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You can always sue. The question is can you win? The question is what is reasonable. I suspect since the warning was on the label they will likely get off the hook. You would need a doctor to testify as to causation. Your opinion as to causation will not suffice.
Answered on Apr 28th, 2011 at 12:20 PM
Theodore W. Robinson
Hello, You need to consult with a law firm that handles manufacturer's defects and see what they say about it. Only if a law firm will take your case will you be able to sue the company and they will have to find a medical doctor that confirms that your medical condition is the direct result of the overuse of the spray. Then they will have to prove that the warning on the bottle was too small by governmental standards. All that before you will be entitled to collect anything from the company. Good luck.
Answered on Apr 28th, 2011 at 12:09 PM