Remeron Lawsuit

Remeron is a prescription medication that is used in the treatment of depression, technically “Major Depressive Disorder” (MDD), in adults. The federal Food and Drug Administration (FDA) has not approved this drug for use by children, i.e., people under the age of 18. The generic name of the medication is mirtazapine.

What Adverse Reactions Have Users Experienced?

Confusion, vomiting, rash, dizziness, dryness of the mouth, upset stomach, and drowsiness are some of the side effects that people have experienced when taking Remeron. Seizures, chest pains, rapid heartbeat, and serious blood and bone marrow abnormalities are among the more serious side effects that some people have suffered. Finally, Remeron has been linked to liver problems, hallucinations, and episodes of mania.

The manufacturer of Remeron initiated a voluntary drug recall of a certain lot of the drug because bottles that were labeled as containing Mirtazapine 7.5 mg might have contained 15 mg tablets. Of course, taking 15 mg when a person had been prescribed 7.5 mg doses could have led to an overdose.

In addition, the manufacturer had to settle a lawsuit filed by state governments because it sold the drug to nursing home pharmacies at a discount to encourage nursing homes to choose Remeron over other competitive medications. However, the company then sought reimbursement for the full cost of the drug from state Medicaid programs.

What Is the Current Status of the Drug?

The FDA has recognized the link between certain adverse reactions and Remeron, but the drug is on the market.

A person should not take Remeron at the same time that they take tryptophan. A person should not take Remeron if they have used a monoamine oxidase inhibitor (MAOI) in the past 14 days. In addition, some people have thoughts of suicide when they begin taking an antidepressant like Remeron.

A person’s doctor needs to check the person’s progress at regular intervals while they are using Remeron. A person should caution those close to them to be alert to changes in their mood or symptoms.

A person is advised to contact their doctor if they experience any new or worsening symptoms, including:

• Changes in their mood or behavior;
• Anxiety;
• Panic attacks;
• Trouble sleeping;
• Impulsivity or feels:
  • Irritable;
  • Restless;
  • Hostile and aggressive;
  • More depressed; or
  • Suicidal.

Some people who have taken Remeron believe that it led them to suicide or aggressive, destructive behavior.

In addition, Remeron has been linked to birth defects in children of women who took Remeron during the first trimester of their pregnancy. The birth defect of the most concern is persistent pulmonary hypertension of the newborn (PPHN). This occurs immediately after birth. It causes the infant’s circulatory system to be unable to produce an adequate supply of oxygen.

A person is advised not to drink alcohol while taking mirtazapine. In addition, a person should be careful while driving as Remeron can affect a person’s thinking, state of alertness, and reactions. Finally, a person should not stop taking Remeron suddenly. Rather, a person should consult their doctor about stopping the medication.

Who Can Be Held Liable for My Remeron Injuries?

The manufacturer and distributors of a prescription medication can be liable if a person is injured by a defect in the medication. This would be true of Remeron as well. The manufacturer and distributors would be liable on a theory of strict product liability. In a strict liability case, the victim of a product does not have to prove negligence on anyone’s part, but they do have to prove that a product was defective and that the defect was the direct cause of injury to them.

Products defects are generally categorized into three types:

• Design defects: This defect is one that originates in the design of a product;
• Manufacturing defects: These are defects that arise during the process of manufacturing a product. In the case of a medication, a manufacturing defect might come about because a chemical ingredient that is not in the formula for the drug is used instead of the correct ingredient;
• Warning Defects: Manufacturers and distributors have a legal duty to warn consumers of their products and the known risks of using them. They should also provide consumers with complete and correct directions for the proper use of their product.
  • In the case of prescription medications, the manufacturers are required by the federal FDA to provide consumers with warnings, precautions, contraindications, and boxed warnings in the packaging for medications.

Another person who may be liable if Remeron causes a person injury is the doctor who prescribed the medication and/or the pharmacist who provided the victim with the medication. The doctor could be liable for medical malpractice if they prescribed the drug in error for their patient.

For example, the doctor may prescribe Remeron for a patient in spite of the fact that the patient used a monoamine oxidase inhibitor (MAOI). This is another medication for depression, within the past 14 days. The label of Remeron warns against just such a risk. Mirtazapine and MAOIs both have the effect of raising the levels of serotonin in the brain. If both are taken together at the same time, they can cause serotonin levels to rise excessively.

Taking the two medications can cause serotonin syndrome, which can be fatal. The symptoms of serotonin syndrome are fever, high blood pressure, and rigid muscles. If a person experiences these symptoms, they are directed to call 911 or report to an emergency room immediately.

If the patient is injured because they have a dangerous drug interaction, the doctor who prescribed the medication may be liable for malpractice.

Or a doctor might fail to provide a patient taking Remeron with the required level of monitoring to ensure that the patient is not suffering negative consequences from the medication.

A pharmacist may provide a patient with the wrong dose of Remeron or fail to provide accurate directions for use. Depending on the facts, a pharmacist might be liable for pharmacist malpractice or negligence.

Are There Any Legal Remedies for Injuries Caused by Remeron?

A person can get compensation for their injuries in a case for strict product liability or medical or pharmacist malpractice. Specifically, a person can recover economic damages. Economic damages would reimburse the victim for the following losses:

• Medical Expenses: Damages would cover the cost of all necessary medical treatment that the victim received to restore them to health. This could encompass doctor visits, stays in the hospital, surgeries, medications, physical therapy, and any other medical treatment that was required to restore the victim to good health;
• Lost Wages: If the victim’s injury and treatment for it leads them to miss work, they should be entitled to reimbursement for lost wages. This would be for past lost wages and wages that the victim can expect to lose in the future. The victim may be unable to resume their previous employment or need to transition to a lower-paying position. In this case, they would qualify for damages for loss of earning capacity;
• Rehabilitation Costs: An injured worker may need vocational rehabilitation, i.e., job retraining or career counseling, to help them return to the workforce in a capacity that is different from the one they were in before their injury or illness. They may need to be trained for future employment in an entirely new type of work. Economic damages should compensate for the cost of these services;
• Disability Payments: If an injured victim has a permanent or long-term disability because of their injury or illness, they may be able to obtain disability payments. These payments can be temporary or permanent, depending on the victim’s situation. If their disability is permanent, then the payments would continue permanently. If the disability is temporary, then the payments would be temporary as well.

Punitive damages are a possibility in very few cases. For example, imagine a victim who suffers a serious illness or injury because of the intentional misconduct of a manufacturer or healthcare professional. In that case, they might win an award of punitive damages. Generally, if the conduct of a drug manufacturer or medical professional is intentional or malicious, winning an award of punitive damages is a possibility. But it is rare to win punitive damages.

In a civil lawsuit, such as a malpractice or product liability case, the victim would also be able to recover non-economic damages to compensate them for their pain and suffering and other non-physical aspects of their injury or illness.

If a group of people who have all taken Remeron were to experience similar harm, they might be able to mount a class-action lawsuit. If an infant is born with birth defects after its mother took Remeron during her pregnancy, the parents may want to file a lawsuit seeking damages.

Do I Need a Lawyer for Help With a Remeron Lawsuit?

If you believe that you have been injured by taking Remeron, LegalMatch.com can connect you to a class action lawyer who can get you compensation for your injuries.

You would also want to consult a personal injury lawyer if you took Remeron during your pregnancy and your infant has birth defects. Or, if a close family member has experienced serious difficulties, e.g., suicidal thoughts or aggressive conduct while taking Remeron, you want to consult a lawyer.

Your lawyer can review the facts of your case, including your medical records, and determine what kind of case might produce results for you. Your lawyer can also enlist the help of experts who can support your case. Your lawyer can ensure that you get the compensation you deserve for your injuries or injury to your loved ones.