Visitor Question

No warning given by pharmaceutical company when starting medication?

Submitted By: Clarice (Pennsylvania)

I started taking apokyn/apomorphine in 2009.

The FDA Adverse Event Reporting System reported that the drug could cause serious psychiatric events in 2008. This potential problem was not included in any of the promotional material for the drug, which we carefully reviewed in 2009.

In October of 2014, we were taken by complete surprise when my husband developed psychosis following his usual dose. If the warning was not included on the label, is that ground for a lawsuit? Do we have a valid case? Thank you for any information you can provide.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Clarice,

You may have what’s referred to as a “product liability” or “defective product” claim. Pharmaceutical companies have a legal duty to make sure the medications they bring to market are safe for consumers to use. Of course, that legal duty is conditional. This means the company is bound to disclose those side effects, which are within reason, based on thousands of hours of testing.

You can not fight a pharmaceutical company by yourself. In fact, even an attorney, by him or herself, will have a very difficult time suing a company. Pharmaceutical companies don’t readily admit their medication is or was defective or dangerous. If they were to admit that, there would be thousands upon thousands of lawsuits against them.

Instead, check to see if there is a class action case against the company for those consumers who have suffered the same, or similar side effects as your husband. If you can find such a class action, your husband can “opt in” to the class. If so, your husband won’t have to pay any legal fees until, and unless his claim is settled or won at court.

To see if there are is a class action against the pharmaceutical company do a search online, and for sites like TopClassActions.com

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: March 19, 2015

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