Can You Sue for an Adverse Reaction to Medication?

May 18, 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 in critical need of care. 

Adverse drug reactions (ADRs) occur often, and they can be prevented if your doctor or pharmacist isn’t careless. If you’ve been hurt by an adverse drug reaction, you may need a personal injury lawyer to help you with the claim. Here is a look at some of the most common types of ADRs and what you can do about your claim. 

Common Adverse Reactions

First, what is an ADR? These reactions are caused by your body reacting negatively to a medication. You may be allergic, for example, or you may have a prescription that conflict with the new medication. 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 long-term health complications. If you weren’t informed of the risks, you may have a cause for a lawsuit.
  • Physical Debilitation – Some ADRs may include physical debilitation in the form of arthritis, abdominal pain, birth defects, stunted growth, and liver issues. These issues may cause lifelong issues for your wellbeing. 
  • Heart Problems – These reactions include an increased chance of a heart stroke, heart attack, or a range of other cardiovascular complications. Many drugs carry these risks, but manufacturers may 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.

If you’ve suffered any of these reactions, or if you’ve lost a family member to an ADR, you may have grounds for a lawsuit. 

Who Is the Liable Party?

When you’re hurt by an adverse reaction to medication, someone involved in the process may have been careless. Your lawyer can help you determine whether your injuries were caused by the manufacturer, sales or marketing company, prescribing physician or healthcare facility, or 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 an adverse drug reaction, it is important to consult a lawyer as soon as possible. The lawyers at Kohan & Bablove Injury Attorneys handle defective drug claims and help victims sue for maximum compensatory damages.

If you’re ready to speak with a lawyer, call us today at 1-844-404-2400 to discuss your claim during a no-obligations discussion with our lawyers. You can also submit our contact form to schedule a free consultation.