Visitor Question

Claim Against Drug Maker…

Submitted By: J (USA)

I was prescribed a medication and it caused me to have seizures. I then had to stay in the hospital and also lost my short term memory for many months. I’m wondering if I have a claim against the drug maker?

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 J,

If you have credible and verifiable medical evidence the medication you took was the direct and proximate cause of your seizures you will have a relatively strong case against the drug manufacturer. If you are only speculating that the medication caused your injuries you probably won’t have much of a case.

Further, along with the credible and verifiable medical evidence you will also need to have “clean hands”. That’s a term you may have heard. It means you can’t have done anything before your seizures which might have precipitated the reaction.

That means you can’t have had any alcohol or other illegal drugs in your system which might have contributed to the seizures. It also means you would have had to take the medication as directed, with the appropriate doses at the appropriate times.

If you have the verifiable and credible medical evidence and go into the lawsuit with clean hands you should have a relatively strong chance of prevailing.

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: December 27, 2011

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