Lamisil Lawsuit

Lamisil is the consumer brand name for terbinafine hydrochloride. Lamisil is often used to treat fungal infections (onychomycosis) of the toes and fingernails. Lamisil has various strengths, and the FDA warnings involve the prescribed versions and not the over-the-counter versions.

Adverse Side Effects of Lamisil

Lamisil has been connected to congestive heart failure and liver failure. Congestive heart failure is more prevalent in patients with a previous history of congestive heart failure. Nausea, dark urine, and skin discolorations are just a few of the signs of liver failure.

At the same time, there are few, if any, drugs free of side effects. Consulting your doctor to determine the most effective treatment is urged. Studies are currently underway.

What Are Unsafe Drugs?

Many Americans are seriously injured and die every year from adverse reactions and side effects associated with prescription medications. Drug manufacturers are legally responsible for marketing drugs that are safe to use. The Food and Drug Administration (FDA) is the federal agency responsible for evaluating the safety and effectiveness of prescription drugs before they are sold to the public.

Nevertheless, even FDA-approved medications may still cause harmful side effects not identified during the approval process. Harmful effects can also result from mistakes in the administration of drugs or, if a person is taking more than one drug at a time, from the interaction of medications in the body.

If a person is hurt because of prescription medication, the individual may need to file a prescription drug lawsuit. This can help them get compensation from healthcare providers or the pharmaceutical manufacturer of the drug.

Drugs That May Be Considered Unsafe

A high alert drug or medication (HAM) is a drug that carries an increased risk of causing substantial harm if it is used in a way other than exactly as prescribed. These high-alert medications are risky because small changes in the dose given or in levels of the drug in a person’s blood can lead to critical events.

Moreover, the damaging events caused by an error in administering HAMs are persistent, life-threatening, or even permanent and can lead to disability, hospitalization, or death.
These medicines are different from over-the-counter drugs such as ibuprofen or aspirin. While these medications can be misused, a slight variance in the amount taken would not be possibly life-threatening.

HAMs are different. Slight differences in the amount given can be critical and might even lead to death. The Institute for Safe Medication Practices has three classes of high-risk drugs according to the settings in which they are used.

The categories are as follows:

• Medications that are high alert medications in community/ambulatory care settings;
• Medications that are high alert medications in acute care settings;
• Medications that are high alert medications in long-term care settings.

What Should I Do If I Feel That a Drug Has Had Bad Effects on My Health?

Suppose a person feels that the HAM-listed drugs, or any others that the individual may be taking, are hurting the person’s health. In that case, the individual should discuss the issue with the physician who prescribes the medication. If a person does not get answers that seem satisfactory from their doctor, they should consult another doctor also.

Suppose a person feels that they have already experienced adverse effects on their health from taking HAMs or any other prescription medication. In that case, they could consult with an unsafe drugs attorney, who would be a lawyer who specializes in medical malpractice or product liability lawsuits.

A malpractice or products liability attorney will analyze the facts of a person’s case to determine whether any adverse effects on a person’s health result from an error of the physician or other health care provider in prescribing the medication. Or, the lawyer may determine that the drug itself is defective and the fault lies with the pharmaceutical company that made the medication.

A person can also report adverse drug reactions to the MedWatch program of the FDA. The MedWatch program exists to receive reports of severe reactions, product quality problems, therapeutic failure, and product use errors with medical products for individuals. The types of products that can be reported include drugs, biologic products, medical devices, dietary supplements, infant formula, and cosmetics.

If a doctor prescribes the medication that a person wishes to report, they can ask their physician to help with the report. Nevertheless, if a person does not want to involve their physician, the individual can fill out the form themselves. Or, a person might wish to consult an attorney about making a report to the MedWatch program. The FDA acknowledges receipt of these reports.

It is essential to keep in mind that reporting adverse experiences with medications to the MedWatch program may help improve the regulation of medications by the FDA. Nevertheless, it is not a way to get damages for any injury that the drug may have caused to a person. That requires a lawsuit.

Should I Join a Class Action Lawsuit or Sue the Manufacturer on My Own?

There are pluses and minuses to both class actions and suing a pharmaceutical manufacturer on one’s own. A person who files the complaint in a civil lawsuit is called the “plaintiff,” and the person or entity sued is the “defendant.”

Some of the positives to consider when trying to choose between the two options are as follows:

• Plaintiffs are stronger as members of a large class of claimants:
• Plaintiffs are in a stronger negotiating position and are more likely to be able to settle before trial, which lowers the expenses and avoids the uncertainty of a trial;
• When a plaintiff joins with others, it lowers the cost of the lawsuit for each of them (cases involving medical malpractice or pharmaceuticals can be costly because they might involve many experts);
• As with most personal injury claims, plaintiffs only pay the attorney fees if they win money, in which case it comes from their award;
• Class action plaintiffs have a longer time in which to file a lawsuit;
• If your claim is for a relatively small amount, it is probably not worth the cost and aggravation to prosecute a lawsuit (also, most attorneys are not interested in small-value cases. A plaintiff is better off aggregating their claim with those of others);
• There may be a massive disparity between what the various claimants recover if each proceeds on an individual basis;
• Less strain on the court system;
• Although not necessarily a concern of an individual plaintiff, having only one case is more efficient for courtrooms and fewer judges.

Among the negatives of class action lawsuits are the following:

• Compensation for an individual plaintiff in a class action is usually limited to economic damages and rebates;
• If a person wants to recover a significant amount of money damages for their pain and suffering or other non-economic damages, a class action may not be the best option;
• The individual plaintiff has no say in the judgments made during the legal process;
• If a person wants more control and personal involvement, an individual action may be a better choice;
• If a person joins a class action, the person gives up their right to make an individual claim;
• If the class action does not succeed or if a person believes that their award, in the end, is unsatisfactory, they will not be able to seek an individual action later on.

Current Status of Lamisil

The FDA has issued warnings about the use of prescribed Lamisil. They urge that the benefits must be weighed against the risks like any other drug.

Do I Need An Attorney for Lamisil Injuries?

If you have suffered injuries related to the use of Lamisil, contacting a class action attorney specializing in defective medical products would help preserve your legal rights and your ability to recover for your injuries.