Can I get compensation for experimental drug liver study damage? 9 Answers as of February 12, 2014

I was a healthy patient in a liver experiment drug study. I had so many symptoms I quit the study because I was suffering. They had to cancel the entire study the day after because 7 participants had dangerous liver levels. I had many symptoms including those of liver damage. If they damaged my liver can I obtain compensation? My liver chemical levels were suppose to be under 40, and my levels were at 80 and 240 during their blood test and they kept wanting to give me more experimental drugs and won't let me stop. Other people kept taking drugs for two days although me and another girl had to stop.

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Probably not. Read whatever papers you signed in order to join the study.
Answer Applies to: Michigan
Replied: 2/12/2014
Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
No lawyer can answer this question without first knowing and researching the drug. What drug was it? What was the dosage? How long did you take it? What condition was it being prescribed to treat? What were the written warnings you received?
Answer Applies to: Iowa
Replied: 1/28/2014
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
Maybe. It will depend on what you signed and will probably require the opinion of a medical expert. Medical malpractice lawyers typically have such experts available. Consider consulting one.
Answer Applies to: Alabama
Replied: 1/28/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for pain and suffering, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit.
Answer Applies to: California
Replied: 1/28/2014
Candiano Law Office
Candiano Law Office | Charles J. Candiano
Not if you signed a release agreeing to accept the money they were paying you in exchange for a general release.
Answer Applies to: Illinois
Replied: 1/28/2014
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Probably not as they probably got you to sign an acknowledgment and a release before you started the study.
    Answer Applies to: Florida
    Replied: 1/28/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Well, you were a sick personal already or you would not have participated. Secondly they had you sign a batch of papers and I am sure there were releases to protect those who administered the study. If you can prove they did you some harm (your opinion does not count) by proper medical testimony you may be able to do something but I doubt it because of all the papers you signed authorizing them to proceed.
    Answer Applies to: North Carolina
    Replied: 1/28/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I would suspect that you signed a number of documents in order to be part of the study releasing them from liability. You would have to pay to have them reviewed before an opinion could be given. Generally, I would think you will not have a cause of action under the usual circumstances.
    Answer Applies to: Michigan
    Replied: 1/28/2014
    Law Offices of Joel E. Fenton, PLC
    Law Offices of Joel E. Fenton, PLC | Joel Fenton
    You probably signed some consent/waiver forms as a condition of participating in the study. I would have to review those to see what sort of liability limitations were present. Do you have proof of permanent liver damage via medical records? While I don't doubt that you had symptoms and your blood work/chemical tests showed abnormalities, the liver is a fairly resilient organ and, unlike most body parts, is capable of a lot of self-repair. I would need to review your medical records more thoroughly to fully answer the question, but I would need to see an indication of permanent impairment or long-term adverse symptoms before determining that the case is worth pursuing.
    Answer Applies to: Iowa
    Replied: 1/28/2014
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