What can I do if my medication was defective? 13 Answers as of August 31, 2015

I was prescribed a strong medication for lower back pain but I have been having increasingly strong side effects such as nausea, vomiting, and aching in other parts of my body. In hindsight, I think it is possible that the medicine can be defective, but I have already finished off my prescription. My back, however, is still in pain. Can I sue for personal injury?

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End, Hierseman & Crain, LLC | J. Michael End
How would you be able to prove that the product was defective and unreasonably dangerous? If you cannot prove that, then you will lose the case.
Answer Applies to: Wisconsin
Replied: 5/15/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
Every claim or law suit has two basic elements: Liability (fault) and damages (how much). Many times a person may have a good claim but the damages are insufficient to interest a lawyer in taking your case. If the damages are modest you may wish to sue in Small Claims Court, where no lawyers are allowed and the damages are limited to $10,000.
Answer Applies to: California
Replied: 5/14/2015
S. Joseph Schramm | Joseph Schramm
If the product was defective in warning against the side effects you suffered you have a claim against the manufacturer of the drug. However, you should speak with an attorney who handles product liability cases, particularly if you can find one who deals with defective medications.
Answer Applies to: Pennsylvania
Replied: 5/14/2015
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
No. What do you expect? Perfect? Meds have side effects. You may need to try different ones to fond one, or a combination that works. Did the doctor or the medicine cause your pain? No. So there is no suit. You need to be realistic.
Answer Applies to: Michigan
Replied: 5/14/2015
Candiano Law Office
Candiano Law Office | Charles J. Candiano
That would be a no.
Answer Applies to: Illinois
Replied: 8/31/2015
    Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
    This isn't a personal injury case. Maybe medical malpractice case.
    Answer Applies to: Utah
    Replied: 5/14/2015
    Law Offices of George H. Shers | George H. Shers
    You have to be able to prove that the medication was defective, which would mean establishing that the side effects were not the normal side effects from the "regular" medication [ask your Dr. what the side effects could have been or look it up on the internet] and an expert testifying that a defective dose probably could cause those side effects. ?That would cost at least several thousand dollars, more than your case is probably worth.
    Answer Applies to: California
    Replied: 5/14/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You have a suspicion, but little proof. Go back to the doctor.
    Answer Applies to: Michigan
    Replied: 5/14/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    In the case you've described, there is nothing you can really do because the cost of pursuing a product liability claim against a drug manufacturer is likely to outweigh any potential recovery. Sorry.
    Answer Applies to: Alabama
    Replied: 5/14/2015
    Gates' Law, PLLC | Thomas E. Gates
    If you read the information that can with the medication, you have described side effects and, thus, have no basis for a claim. You should have notified your doctor of your reaction to the medication. Since you are still in pain, you need to visit your doctor again.
    Answer Applies to: Washington
    Replied: 5/13/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Whom would you like to sue? The prescriber? The pharmacy? The physician? How will you prove that the side effects you suffered were other than those the manufacturer warns of? After all, most strong medicines carry side effects. And what are your damages? I suggest you contact an experienced personal injury lawyer for a more thorough evaluation. But I don't see much there. You might also google the name of the drug, since there just might be a class action going on somewhere which you could join. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 5/13/2015
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