Can You Sue for an Adverse Reaction to Medication?

May 12, 2022

Most medications come with side effects. When these side effects are communicated and known, you can make an informed decision about using the medication. But if you use a drug and suffer an adverse reaction that was not properly communicated, you may be able to sue for damages. A Riverside County personal injury lawyer can help you with the claim.

Adverse drug reactions (ADRs) occur often. Around 7% of all hospitalizations across the U.S. each year are due to ADRs. They are a preventable type of health hazard, and it is possible to identify a party that is liable for them.

Here is a look at some of the most common types of ADRs. Also noted are the entities that are often responsible for them.

Common Adverse Reactions

Some of the most common ADRs include:

  • Liver Damage – Some medications can result in liver damage ranging from mild to severe. Such damage can also lead to other health complications. When you suffer such side effects without being sufficiently informed about it, you have a cause for a lawsuit.
  • Physical Debilitation – A common ADR is physical debilitation in the form of arthritis, abdominal pain, birth defects, stunted growth, and liver issues.
  • Heart Problems – These include an increased chance of a heart stroke, heart attack, or a range of other cardiovascular complications. Many drugs carry these risks but the manufacturers fail to articulate them clearly.
  • Suicidal Thoughts – A common side-effect of anti-depressants is that you may experience negative and suicidal thoughts. Painkillers can also cause this type of ADR.
  • Death – In the case of more extreme side-effects, an ADR may cause death.

Who Is the Liable Party?

You can typically sue one of the following parties for an adverse reaction to medication:

  • Manufacturer
  • Sales or marketing company
  • Prescribing physician or healthcare facility
  • Prescribing pharmacist or laboratory

Lawsuits related to ADRs are broadly categorized into three types:

  • Defective Manufacturing – You can file this type of lawsuit for ADRs caused by a defect in the manufacturing of the drug. The manufacturer is held liable in this type of lawsuit.
  • Defective Design – This type of lawsuit is filed when the formula of a drug is defective. You may be able to sue a research company, group, or manufacturer for this type of defect.
  • Insufficient Warning – When you were not adequately informed about the side effects, you can base your lawsuit on this. It is possible to hold a physician, healthcare company, manufacturer, or marketer liable for insufficient warning about ADRs.

Speak with a Personal Injury Lawyer

If you have suffered injuries or health complications due to ADRs, it is important to consult a lawyer as soon as possible. Here at Kohan & Bablove Injury Attorneys, we handle defective drug claims and help victims sue for maximum compensatory damages.

Call us today at 1-844-404-2400 to discuss your claim with our lawyers. You can also submit our contact form to schedule a free consultation.