QUESTION

Can I sue after I underwent painful surgery to remove cyst/tumor caused by drug lithium administered to me for panic attacks?

Asked on Sep 22nd, 2015 on Personal Injury - Wisconsin
More details to this question:
I underwent surgery, a partial nephrectomy (removal of a part of my kidney) to remove a tumor that, stated by my physician was due to the drug lithium. The surgery was performed May 1st, 2014. I want to sue the manufacturers of this drug, lithium. It was given to me to help panic attacks. The surgery was painful and left me with 4 incisions used during robotic surgery. It has been approximately 1-2 years since my operation. I would like to know if there are any attorneys that will handle my case. I get help with housekeeping as this operation has left me disabled to the point where I need help.
Report Abuse

1 ANSWER

The most difficult question I see is that of causation. To prevail at a trial (which is part of the calculus of reaching a settlement), you'd have to have an expert witness to testify that (a) prescribing Li was outside the applicable standard of care; and (b) that ingesting Li was the direct, proximate, foreseeable, natural (any combination of these adjectives) cause of your injury. There is more that must be shown. Your doctor's opinion is of interest, but it usually is not enough: you need an expert who has reviewed the literature on the subject. You can find a lawyer who is versed in the rather specialised area of products liability on the web (try Avvo.com), in the yellow pages, from the Lawyer Referral Service at your State Bar. Also most major personal injury law firms handle products liability cases. Since the incident occurred about 19 months ago, I think you should consult such a lawyer as soon as possible, in order to avoid missing any applicable limitations periods.
Answered on Sep 29th, 2015 at 11:28 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters