Can I sue a medical company because their health warning wasn't big enough? 13 Answers as of June 11, 2013

I used an over the counter nasal spray for a year and a half. I started having extremely high blood pressure so I stopped using the nasal spray, and my blood pressure went down. And I discovered that I have an aortic aneurysm after using the nasal spray, too. There was a warning against prolonged use on the package but it was extremely small and I did not see it until I had been using the spray for over a year. Can I sue the medical company?

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The Woods Law Firm
The Woods Law Firm | F.W. Woods Jr.
No. They only have to have the warning. No size requirements.
Answer Applies to: South Carolina
Replied: 5/2/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
Hello, You need to consult with a law firm that handles manufacturer's defects and see what they say about it. Only if a law firm will take your case will you be able to sue the company and they will have to find a medical doctor that confirms that your medical condition is the direct result of the overuse of the spray. Then they will have to prove that the warning on the bottle was too small by governmental standards. All that before you will be entitled to collect anything from the company. Good luck.
Answer Applies to: New York
Replied: 4/28/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
It is doubtful that you have a viable case based on the facts presented. You can check with a product liability attorney to confirm.
Answer Applies to: California
Replied: 4/28/2011
LT Pepper Law
LT Pepper Law | Luke T. Pepper
It is possible to sue but the likelihood of success is low since there is a warning. There may be some issues as to whether the nasal spray caused your issues given your medical history.
Answer Applies to: Pennsylvania
Replied: 4/28/2011
David B. Sacks, P.A.
David B. Sacks, P.A. | David Sacks
That is a matter for a products liability attorney, which I am not, however, I can tell you that, like any other negligence issue, one must prove that the company did not take reasonable steps to warn. If that was the only warning label on the bottle and we all know that all drugs have warnings as to the use of same, then it is probably not going to be an easy case to win.
Answer Applies to: Florida
Replied: 4/28/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    It may be worth finding an attorney to look into it. Products liability cases are very complex and expensive to bring to court. If you can prove that the product is unreasonably dangerous, which involves a number of factors, including whether a safer design (such as the delivery system for example), whether the warnings are adequate if there are hazards that cannot be "engineered" out.
    Answer Applies to: South Carolina
    Replied: 4/28/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You can always sue. The question is can you win? The question is what is reasonable. I suspect since the warning was on the label they will likely get off the hook. You would need a doctor to testify as to causation. Your opinion as to causation will not suffice.
    Answer Applies to: North Carolina
    Replied: 4/28/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Yes. You should talk to an attorney as soon as possible.
    Answer Applies to: Alabama
    Replied: 6/11/2013
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    Maybe. You need to talk to medical malpractice attorney.
    Answer Applies to: Florida
    Replied: 6/11/2013
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    I am not certain. You should speak to an attorney in your area after speaking to the doctor that made the diagnosis. If the doctor relates the aneurysm to the spray, you would have higher odds that an attorney may be willing to take the case on a contingency basis. Stay well.
    Answer Applies to: Alabama
    Replied: 4/28/2011
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    Yes. You can bring a claim against the manufacturer of the spray.
    Answer Applies to: Oregon
    Replied: 4/28/2011
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