Remicade (infliximab) is a prescription medication, often known as a biologic drug. It is used to treat a variety of autoimmune diseases by blocking the action of a substance in the body that causes inflammation.
Remicade Lawsuit
What Is Remicade?
Medically Prescribed For
Remicade is often prescribed for conditions such as:
- Rheumatoid arthritis;
- Psoriatic arthritis;
- Ankylosing spondylitis;
- Crohn’s disease;
- Ulcerative colitis;
- Plaque psoriasis.
Adverse Reactions Experienced
Like all medications, Remicade has the potential to cause side effects. Common side effects may include:
- Upper respiratory infections;
- Sinusitis;
- Headache;
- Infusion reactions (e.g., fever, chills, chest pain);
- Pain at the injection site.
In some cases, more serious side effects can occur, such as:
- Heart failure;
- Liver problems;
- Blood disorders;
- Nervous system disorders;
- Allergic reactions.
Status of Drug
Remicade is a prescription-only medication that has no lower-cost generic available. It is also on the World Health Organization’s List of Essential Medicines. This means it is one of the most effective and safe medicines needed in a health system.
Who Can Be Held Liable for My Remicade Injury?
If you believe you have been harmed as a result of taking Remicade, several parties may potentially be held liable, including:
Manufacturer Liability: Potential Defects and Failure to Warn
The primary responsibility of a drug manufacturer is to ensure that their products are safe for use and that they provide comprehensive and accurate information about potential risks. If a drug has defects—whether in its design, manufacturing process or in the information provided about its use—it could harm patients.
For example, a batch of Remicade may have been manufactured with an incorrect dosage due to a factory error, leading to adverse reactions in patients. In that case, the manufacturer could be held liable for those defects. Similarly, the manufacturer could have been aware of certain side effects but failed to adequately communicate these to physicians and patients. If this is the case, they could be sued for failing to warn of known risks.
Physician or Healthcare Provider Liability: Improper Prescription and Monitoring
Physicians and healthcare providers have a duty of care towards their patients. This means they must prescribe drugs appropriately, considering the patient’s medical history and current condition. Additionally, they should monitor the patient’s response to the drug, looking out for any adverse reactions or side effects.
For instance, a doctor may prescribe Remicade to a patient with a history of severe allergic reactions to similar drugs and fail to monitor their response, leading to a serious allergic reaction. If so, the doctor could be deemed negligent. Such negligence could make the physician liable for the harm caused to the patient.
Now, suppose a patient informs the physician that they have recently been diagnosed with listeriosis, a serious bacterial infection. Knowing that Remicade can impact the immune system, the physician should exercise caution, as the medication might further weaken the patient’s ability to combat the infection. If the doctor neglects this crucial piece of information and prescribes Remicade without considering the potential consequences, resulting in a worsening of the patient’s condition, this could also be considered negligence.
Pharmacy Liability: Wrong Dispensing
Pharmacies play a crucial role in the healthcare chain by ensuring that patients receive the correct medication and dosage as prescribed by their physicians. If a pharmacy dispenses the wrong drug or an incorrect dosage, it can have serious consequences for the patient.
Imagine a scenario where a patient is prescribed a specific dosage of Remicade, but the pharmacy mistakenly provides a much stronger dose. The patient may suffer from an overdose or experience severe side effects as a result. In this case, the pharmacy could be held responsible for the error and any ensuing harm to the patient.
What Remedies Can I Recover From Remicade Injuries?
If you have suffered injuries due to Remicade, you may be entitled to remedies, such as:
Compensation for Medical Expenses
When people experience adverse reactions or injuries due to a medication, the subsequent medical care can be costly. This category of compensation seeks to cover all health-related expenses incurred as a result.
These expenses can include:
- Hospital stays;
- Surgeries;
- Physical therapy;
- Prescription medications;
- Doctor’s visits;
- Any future medical expenses that might arise due to prolonged treatment or complications.
For instance, if a patient suffered a severe allergic reaction to Remicade, they might require emergency hospitalization, numerous tests, and long-term medical care. All these costs, which can quickly accumulate, should ideally be paid by the liable party, not the victim.
Damages for Pain and Suffering
Pain and suffering are a bit more abstract than tangible medical bills but are equally important. This compensation acknowledges the physical pain, emotional distress, trauma, and overall decrease in the quality of life you might experience due to an injury or adverse drug reaction. While it’s challenging to put a precise dollar amount on emotional or psychological suffering, courts will often consider the severity of the injury, the duration of recovery, and the long-term implications on the individual’s life.
For example, a person’s adverse reaction to a drug could lead to chronic pain, preventing them from enjoying daily activities or causing ongoing mental anguish. In this case, they should be compensated for that sustained pain and suffering.
Lost Wages Due to Inability to Work
When injuries or adverse reactions are severe, they can impact your ability to work, either temporarily or permanently. This compensation aims to cover the income you would have earned had you not been sidelined by your injury. This includes not just immediate lost wages but also potential future earnings, especially if you can no longer pursue your chosen career or profession.
Consider a construction worker who, due to an adverse drug reaction, suffers nerve damage and can no longer perform manual tasks. They would not only lose their current wages but might also face reduced earning potential in the future.
Punitive Damages: Holding the Responsible Party Accountable
Punitive damages differ from the other compensations in that they’re not designed to “make the victim whole.” Instead, they’re intended to penalize particularly egregious behavior on the part of the liable party and act as a deterrent against similar conduct in the future. If, for example, it’s found that a drug manufacturer knowingly concealed severe side effects of their product, a court might award punitive damages as a strong message against such unethical practices.
In the case of Remicade, if it was discovered that there was intentional misconduct or extreme negligence on the part of the manufacturer, distributor, or any other party, punitive damages could be awarded in addition to the other compensation for your injuries. If you believe Remicade has harmed you, it is in your best interest to consult with a personal injury attorney experienced in pharmaceutical litigation. They can help determine the strength of your case, identify potential defendants, and ensure you receive the compensation you deserve.
Do I Need a Lawyer for Help With a Remicade Lawsuit?
Yes. If you’ve experienced adverse reactions or believe you’ve been injured due to Remicade, consider joining a class-action lawsuit. LegalMatch can connect you with a qualified class action lawyer to evaluate your case and guide you through the legal process.
Don’t wait—your health and rights are at stake. Use LegalMatch to find the right lawyer for your claim today. There is no cost to submit your case. Start your journey towards compensation today.
Need a Class Action Lawyer in your Area?
By State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming