So you take a pill that has a prescribing information sheet that mentions "potential side effect: stroke", and you are in reasonably good health with regular checkups. Then you start taking drug-X on a regular basis, then a couple weeks into taking the pill, whammo, you have a stroke.
Can you sue the manufacturer of the drug, or does that prescribing information sheet protect the manufacturer from lawsuits?
2007-10-09 15:45:57 · 10 answers · asked by Rob 5 in Politics & Government ➔ Law & Ethics
That is called assumption of risk. If you read it and were aware of the risk before you took it, then it would be hard to find them liable for negligence.
Edit: However Fraginal Nyopi might be right about a possible recovery. If the company is selling a product for headaches and half the people that took it are getting strokes, pharmeceutical companies can be held liable even if they warn you, for selling a dangerous product. If the company is selling a product that is reasonably considered safe by the fact that few people get sick, then they are in the clear for liability if they warned you of the risk. There is a reasonable standard in tort law and it would depend on the totality of the circumstances.
2007-10-09 15:53:06 · answer #1 · answered by Eisbär 7 · 4⤊ 0⤋
Actual costs and damages could be filed against the manufacturer of a prescription drug if a stroke, injury or sickness was caused by it even when there is a warning which is not a valid ground to evade non-payment considering that it is a contract of adhesion.
2007-10-09 15:50:12 · answer #2 · answered by FRAGINAL, JTM 7 · 2⤊ 0⤋
This is more of a products liability issue best left to the experts. So you should hire a lawyer.
Answer: Probably if, in fact, the medication turns out to be defective or the research and testing on it was flawed.
Also, this is America so you can sue anyone for anything even if you don't have a leg to stand on. Beware the consequences, though.
2007-10-09 15:49:38 · answer #3 · answered by krollohare2 7 · 1⤊ 0⤋
My kitchen stove has a red light that says "surface hot".
If I touch it, and sue the manufacturer, it would get thrown out of court.
You need to prove negligence to sue. Warning about side effects is the opposite of negligence.
2007-10-09 15:54:02 · answer #4 · answered by trooper3316 7 · 1⤊ 0⤋
Nope because it was in the warning, that's why they are there. That would be like suing a company that sells a sleeping pill because their pill make you sleepy.
2007-10-09 15:49:21 · answer #5 · answered by .. 5 · 1⤊ 0⤋
You can. But be aware a lawyer would want a very large retainer, and hell would probably freeze over before you saw a dime.
2007-10-09 15:55:32 · answer #6 · answered by TedEx 7 · 1⤊ 0⤋
No,any drug you take will have some side affects and it was your choice knowing what could happen.
2007-10-09 16:14:58 · answer #7 · answered by peppersham 7 · 1⤊ 1⤋
lisa is exactly right.
by being provided with the necessary warnings, you have assumed the risk in taking the medication.
2007-10-09 15:56:33 · answer #8 · answered by brian 4 · 1⤊ 0⤋
No, you cannot. If you can, then there is a moral issue with the person doing it, and the lawyer who accepts the case.
2007-10-09 15:48:39 · answer #9 · answered by dumbuglyweirdo 5 · 1⤊ 0⤋
You can sue anyone you want to. I dont know how successful you would be though.
2007-10-09 15:48:53 · answer #10 · answered by Anonymous · 2⤊ 0⤋