QUESTION
What can I do if my medication was defective?
Asked on May 13th, 2015 on Personal Injury - Illinois
More details to this question:
I was prescribed a strong medication for lower back pain but I have been having increasingly strong side effects such as nausea, vomiting, and aching in other parts of my body. In hindsight, I think it is possible that the medicine can be defective, but I have already finished off my prescription. My back, however, is still in pain. Can I sue for personal injury?
10 ANSWERS
1 Award
How would you be able to prove that the product was defective and unreasonably dangerous? If you cannot prove that, then you will lose the case.
Answered on May 15th, 2015 at 1:32 PM
Edwin K. Niles
Every claim or law suit has two basic elements: Liability (fault) and damages (how much). Many times a person may have a good claim but the damages are insufficient to interest a lawyer in taking your case. If the damages are modest you may wish to sue in Small Claims Court, where no lawyers are allowed and the damages are limited to $10,000.
Answered on May 14th, 2015 at 3:13 PM
Ronald A. Steinberg
No. What do you expect? Perfect? Meds have side effects. You may need to try different ones to fond one, or a combination that works. Did the doctor or the medicine cause your pain? No. So there is no suit. You need to be realistic.
Answered on May 14th, 2015 at 1:31 AM
Lisa Hurtado McDonnell
This isn't a personal injury case. Maybe medical malpractice case.
Answered on May 14th, 2015 at 1:20 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have a suspicion, but little proof. Go back to the doctor.
Answered on May 14th, 2015 at 1:14 AM
You have to be able to prove that the medication was defective, which would mean establishing that the side effects were not the normal side effects from the "regular" medication [ask your Dr. what the side effects could have been or look it up on the internet] and an expert testifying that a defective dose probably could cause those side effects. ?That would cost at least several thousand dollars, more than your case is probably worth.
Answered on May 14th, 2015 at 1:13 AM
James Eugene Hasser
In the case you've described, there is nothing you can really do because the cost of pursuing a product liability claim against a drug manufacturer is likely to outweigh any potential recovery. Sorry.
Answered on May 14th, 2015 at 1:03 AM
Thomas Edward Gates
If you read the information that can with the medication, you have described side effects and, thus, have no basis for a claim. You should have notified your doctor of your reaction to the medication. Since you are still in pain, you need to visit your doctor again.
Answered on May 13th, 2015 at 4:36 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Whom would you like to sue? The prescriber? The pharmacy? The physician? How will you prove that the side effects you suffered were other than those the manufacturer warns of? After all, most strong medicines carry side effects. And what are your damages? I suggest you contact an experienced personal injury lawyer for a more thorough evaluation. But I don't see much there. You might also google the name of the drug, since there just might be a class action going on somewhere which you could join. Good Luck.
Answered on May 13th, 2015 at 4:31 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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Were you able to get a second medical opinion which confirmed that you were injured by the medication?
Answered on May 13th, 2015 at 4:27 PM