Claim Against Drug Maker...

by J
(USA)

I was prescribed a medication and it caused me to have seizures. I then had to stay in the hospital and also lost my short term memory for many months. I'm wondering if I have a claim against the drug maker?

Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information you provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when making decisions about your case. You should always get a formal case review from a licensed attorney.

ANSWER for "Claim Against Drug Maker...":

J (USA):

If you have credible and verifiable medical evidence the medication you took was the direct and proximate cause of your seizures you will have a relatively strong case against the drug manufacturer. If you are only speculating that the medication caused your injuries you probably won't have much of a case.

Further, along with the credible and verifiable medical evidence you will also need to have "clean hands". That's a term you may have heard. It means you can't have done anything before your seizures which might have precipitated the reaction.

That means you can't have had any alcohol or other illegal drugs in your system which might have contributed to the seizures. It also means you would have had to take the medication as directed, with the appropriate doses at the appropriate times.

If you have the verifiable and credible medical evidence and go into the lawsuit with clean hands you should have a relatively strong chance of prevailing.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.


Best of luck,

Law Guy