Can I sue the makers of Phenobarbital? 19 Answers as of July 12, 2013

I have taken phenobarbital for at least 21 yrs. It is causing large cysts (plantars fibromatosis) in my hands & both feet. My teeth are falling out, my eyes are going bad, no glasses will help. and I have a kidney problem. Can I sue the makers without doing a class action lawsuit?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Richard E. Lewis, P.S.
Richard E. Lewis, P.S. | Richard Eugene Lewis
You can sue the manufacturers if you can prove, among other things, that the product was unreasonably dangerous; side effects were not disclosed; that the manufacturer knew or should have known that the product would cause these effects; that the product was designed for long term use.
Answer Applies to: Washington
Replied: 6/1/2011
Dearbonn Law Offices
Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
I suggest you consult with an attorney who specializes in issues such as this to help you decide whether to sue or not and as to whether or not you may need a class action law suit.
Answer Applies to: Washington
Replied: 6/1/2011
Ramunno & Ramunno, P.A.
Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
You can sue as long as you are not included in any class action. But it will be difficult case.
Answer Applies to: Delaware
Replied: 6/1/2011
Patrick M Lamar Attorney
Patrick M Lamar Attorney | Patrick M Lamar
You need to contact a firm that does large pharmaceutical litigation.
Answer Applies to: Alabama
Replied: 6/1/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
A class action is certainly not a requirement. You would need to prove causation of your damages and negligence on the part of the manufacturer, or perhaps fraud. Damages alone is not a successful lawsuit. You need to prove liability and causation. Stay well.
Answer Applies to: Alabama
Replied: 6/1/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    It is important for you to contact an attorney as soon as possible to discuss your rights and options in such a potential suit. Of course, you would need to be able to prove causation in order to prevail. Good luck!
    Answer Applies to: Georgia
    Replied: 5/31/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    I have done an online search and cannot find any lawsuits or recalls of Phenobarbital, except a recall for a lot or batch that was mislabeled and a lawsuit involving some that were a different size than the label. If your side effects are known side effects that happen in rare cases, the makers of the drug are probably not liable. If the drug causes this condition to an unreasonably large percentage of people, you could probably sue without joining a class action.
    Answer Applies to: South Carolina
    Replied: 6/1/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Of course you can IF, big IF, you can prove medically that the drug caused the problems you claim. You need to start with your medical history and a friendly doctor who believes what you say is true.
    Answer Applies to: North Carolina
    Replied: 5/31/2011
    Law Office of Marc K. Herbert
    Law Office of Marc K. Herbert | Marc K. Herbert
    Maybe. Has any doctor stated that your conditions are connected to this medicine? When did the conditions begin to appear? Have you changed medicines and the conditions went away? These are some of the questions that need to be answered before you decide to file a lawsuit or not. I recommend that you consult a personal injury attorney in your area, or call my office.
    Answer Applies to: California
    Replied: 5/31/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You will need to contact a med mal personal injury attorney. You would have to show the drug was at fault and there was insufficient warning as to any side effects.
    Answer Applies to: California
    Replied: 5/31/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You would need to consult with a firm that has handled these type of cases.
    Answer Applies to: Connecticut
    Replied: 5/31/2011
    David B. Sacks, P.A.
    David B. Sacks, P.A. | David Sacks
    You do not have to be involved in a Class Action to seek compensation for injury done by a drug company. In fact, it can be much easier to obtain proper compensation outside the purview of a class action. With respect to the actual facts of your case, however, you should first consult with your physician to determine what is the cause of your injuries and then seek a products liability attorney who can then investigate into the issues.
    Answer Applies to: Florida
    Replied: 5/31/2011
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    You may have a case, based upon the information that you have supplied. We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
    Answer Applies to: Illinois
    Replied: 7/12/2013
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    You can sue them if you can show that these problems were not disclosed on the label. The issue is that you have long term exposure to the drug and when these problems occurred in addition to the label issue will determine whether or not there is a case.
    Answer Applies to: Pennsylvania
    Replied: 5/31/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    Yes you can sue a manufacturer for products liability without making it a class action. But you may have difficulty finding an attorney willing to take on a drug manufacturer for 1 case when to do so is typically so expensive because of the experts you will need to prove causation from the drug to your injuries. You may have a claim against your physician for prescribing this for such a long time.
    Answer Applies to: California
    Replied: 5/31/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    It sounds like you're having a tough time. You do not need to start a class action suit in order to seek recovery for damages caused by a dangerous medication. If there is already a class action lawsuit involving this drug (I am not familiar with it one way or the other), you could potentially opt out, or pursue your claim through the class. If the medication was improperly prescribed, you also may have a claim against your medical provider. You will want to speak to a lawyer in your area who is familiar with defective product cases and medical malpractice issues. Note that most states have short time limits for filing suit in cases such as you've described. You should check with a lawyer as soon as possible if you believe you have a claim, to ensure that proper and timely steps are taken to preserve it.
    Answer Applies to: Florida
    Replied: 2/21/2012
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    Maybe. Call a personal injury attorney who handle product defect cases.
    Answer Applies to: Florida
    Replied: 5/31/2011
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney