Can you sue if harmed by a weight-loss drug?

by Mar 24, 2020Personal Injury

Can you sue if harmed by a weight-loss drug?

by Mar 24, 2020Personal Injury

Can you sue if harmed by a weight-loss drug
Can you sue if harmed by a weight-loss drug

Weight-loss is something that everyone can struggle with at some point in their lives. Many people, either by the advice of their doctor or through advertising influence, turn to diet drugs or supplements to assist in their weight-loss efforts. For some, this is beneficial. However, for many people, these drugs or supplements have led to physical harm.

If you have been harmed by a weight-loss drug or supplement, you may be entitled to receive compensation. It is essential to speak with an attorney as soon as possible after you have become aware of the harm caused by the medication to protect your rights and start the compensation process.

What Is Considered “Harmed” By A Weight-Loss Medication or Supplement?

Most medications have warning labels stating the potential side effects of using their medication. For most medications, these side effects are nominal, and the medication remains safe to use. However, many medications are causing life-changing side effects without warning the patients.

You are considered harmed by medication if you have any type of the following side effects and have not been previously warned that these side effects could occur:

  • Damage to the heart in any manner, including physical changes, changes to the heartbeat, changes to blood pressure, and changes in blood flow.
  • Liver damage.
  • Damage to the kidneys.
  • Nerve damage
  • Stroke
  • Debilitating pain whether by itself or a result of other conditions caused by medication such as ulcers, arthritis, or joint damage
  • Suicidal thoughts or actions
  • Changes to mental health such as the onset of depression or schizophrenia

You are not harmed by medication if the drug does not produce the desired results. No medication is 100 percent guaranteed to work or work the same for each person.

How Can I Sue for Injuries Received From A Dangerous Drug?

If you have been harmed by a dangerous weight-loss medication or supplement, your attorney may file a product liability lawsuit on your behalf against the manufacturer of the drug or supplement.

When filing a lawsuit, your attorney will have to prove to the court one or more of the following:

  • There was an error in the manufacturing of the drug that has led to dangerous side effects when the drug has been used.
  • That the manufacturer knew or should have known that there was a potential for these side effects by proper testing of the drug before its release.
  • That the manufacturer failed to warn the doctors or provide enough information to the medical industry for the doctors to determine that the drug was unsafe for use. (As of 2013, Failure to Warn does not apply to generic drugs.) Your attorney may also use Failure to Warn in conjunction with the other two options.

Since many weight-loss medications are rushed through the trials process because obesity is considered a national health risk, many of these medications do not undergo extensive testing for long periods of time like other medications do before hitting the market.

What About Class Action Lawsuits?

In some instances, when a dangerous drug or supplement has harmed many people across many states, the court system will combine all of the cases into a class-action lawsuit. The court believes that this is the most effective way of bringing justice to those who have been harmed by a dangerous product because the case is handled together instead of making people wait for their turn to be heard.

If you have been harmed by a weight-loss drug that is part of a class-action lawsuit, your lawyer will advise you on how to proceed with your case. If your symptoms and injuries are very similar to those in the case, your attorney may recommend that you join the class action. If your injuries are different, your lawyer may recommend seeking compensation with an individual case.

What Types of Compensation Are Available?

When you speak to an attorney about being harmed by a weight-loss medication, they will provide you with information about the types of compensation that you may be entitled to for your injuries.

Every case is different, and different types of compensation may apply based on the facts of your case. However, you may be entitled to one or more of the following types of compensation for injuries caused by a dangerous weight loss medication or supplement.

  • Medical Expenses – All medical expenses, current, and future, related to the injuries you received from using the medication may be covered as part of your compensation package. All injury victims would be entitled to this type of compensation.
  • Lost Income – If you have had to miss work as a result of the injuries you received, you may be entitled to receive payment for all of your lost income and benefits.
  • Future Earning Capacity – If the injuries will prevent you from returning to work, or if you can only return at a limited capacity, your attorney will seek future earning losses as part of your compensation.
  • Personal Expenses – If there were personal expenses directly related to your injury, such as having to pay for transportation to medical care, purchasing over the counter supplies required by your doctor, or implementing changes to your home or vehicle to accommodate your injury, you might receive compensation for your expenses.
  • Pain and Suffering – This is a unique type of compensation and will vary depending on your injury. Other things that may impact pain and suffering compensation payment is involvement in a class action suit or state laws limiting the amount of compensation.

Other forms of compensation may be available to you based on the facts of your case. Your attorney will discuss with you in detail all forms of compensation available to you.

Protect Your Rights

It is very important that if you believe that you have been harmed by a dangerous weight-loss medication that you consult with an attorney. As a victim of a dangerous product, you have the right to request compensation for your injuries and losses.

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