Nasal spray caused over a year's worth of medical issues...
I started taking Olopatadine Hydrochoride Nasal Spray almost two years ago. It was prescribed to me by a doctor who I have only seen once and it was for about 5 minutes. He prescribed it for my allergies that were not bothering me and for my paralyzed vocal chord (from a trach).
Everything was fine at first but than I started have serious sweating episodes. I thought it was just part of menopause. After going on for more than a year I started relating the problem to my dr. He ran a blood test and said I was menopausal and gave me the option of hormones. I have cancer in the family so I put off trying them.
Between the sweating episodes and falling asleep all the time, I never got anything done. Because these were symptoms of menopause I let it ride for a while. Than I started getting UTI's. I would get treated for one and than within a week to two I would get another. This went on for 4-6 months.
Finally I was sent to a specialist and he did the same thing for 2-3 months, although I did have an ultrasound and cystiscope to rule out cancer and anything else that might be causing an infection. He dismissed me when he ruled I did not have a UTI, even though I was still having the symptoms.
Less than two weeks later I went to my dr and begged him to send me to someone to help me. He sent me to an infectious disease dr. I'd previously contracted a staph infection when hospitalized back in 2000, and I believe this is where his mind went.
She started running the typical UTI tests and after two times, she decided to see about having a biopsy done. During this time two sores showed up. One inside and one outside my nose. I treated them for a month but they just would not go away. I thought maybe the nasal spray was dripping out of my nose and causing these.
When she brought up biopsy, I thought I would do some research and that is when I stopped using the nasal spray. I feel much better since stopping using the spray, but I am still not 100%. I'm convinced the nasal spray was causing all of these health issues. Can I bring a legal case against the drug manufacturer or doctors for this? What is their liability? Thank you.
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ANSWER for "Nasal spray caused over a year's worth of medical issues...":
Roxanna (Fayetteville, Tennessee):
Olopatadine Hydrochloride is a drug manufactured by Alcon Laboratories, Inc. It is an antihistamine used to treat itching and redness in the eyes due to allergies. To have a viable personal injury claim against the manufacturer will require medical proof directly linking the drug to your medical problems. That may be a challenge.
To begin, speak with your primary care physician. Ask your doctor if he or she believes the drug may have caused your medical problems. If so, you may have the genesis of an injury claim. If not, you will be up against your first hurdle.
The next step is to seek out personal injury attorneys in your area that specialize in drug lawsuits and mass torts, and review the details of your potential case.
Keep in mind, a lawsuit against a drug manufacturer is a daunting task. Because most drug manufacturers are worth billions of dollars, they have a fleet of high-powered attorneys to defend lawsuits brought against them.
A major corporation's attorneys can draw an injury lawsuit out for years. In the interim, a client's attorney will have to spend thousands of dollars in hiring court reporters for depositions, medical experts, scientists, chemists and other professionals who can testify the drug was the direct cause of the client's injuries.
That all can be prohibitively expensive. Most personal injury attorneys just don't have the financial means to pay all the advance costs of a lawsuit against a drug manufacturer.
Such a lawsuit will often require a prospective plaintiff to "opt-in" to a class action lawsuit. This means joining a lawsuit along with hundreds of other plaintiffs.
We did some research and were unable to locate any current class action lawsuits against Alcon Laboratories over the drug Olopatadine Hydrochloride.
You can speak with several personal injury attorneys in your area. Most will not charge any fee for an initial office consultation. If they accept your case they will likely do so on a contingency fees basis.
After visiting with several injury attorneys you will have a better idea of the viability of your claim, whether opting-in to a class action will be necessary, and the probability of success.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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