Ritalin is the brand name of methylphenidate, which is a psychoactive medication that is used to treat attention deficit hyperactivity disorder (“ADHD”), certain forms of narcolepsy syndrome, and other related psychological disorders. Specifically, Ritalin supplements the brain with the chemical dopamine, which is a neurotransmitter that is vital to an individual’s brain function.
Ritalin belongs to the stimulant-type class of psychoactive drugs and is only available to persons who possess a valid prescription. Other psychoactive drugs that are similar to Ritalin include Concerta and Daytrana.
What Are Some Side Effects?
As a stimulant, Ritalin has a high potential for both abuse and addiction. As such, addiction is one of the most common side effects of Ritalin. In addition to the potential abuse, Ritalin also has common side effects for individuals who use the psychoactive drug, including:
- Nervousness, restlessness, or trouble sleeping;
- High blood pressure;
- Loss of appetite or weight loss;
- Nausea and vomiting;
- Development of migraines;
- Chest pain, including the development of an irregular heartbeat;
- Changes in moods or behaviors, such as the development of hallucinations;
- Vision problems.
Although Ritalin has worked effectively for its intended purposes since the drug’s inception, all prescription psychoactive drugs carry risks to taking the drug. Injuries related to Ritalin can also occur due to the interaction of the drug with other medications or substances that an individual may be taking at the time they consume the antipsychotic medication. Ritalin injuries may also occur from other factors, such as a pharmacy error, incorrect dosing, or defects with the medication.
Is There a Lawsuit Against Ritalin?
As mentioned above, there are numerous ways in which a person injured by Ritalin may seek to recover from the party responsible for their injuries. In general, an individual will seek to recover from a Ritalin injury by initiating a personal injury lawsuit against the responsible party.
When determining who may be held liable for a Ritalin drug injury, it is important to consult your local state and jurisdiction’s laws on personal injury. Specifically, antipsychotic drug injuries, including those related to Ritalin, will typically fall under the umbrella of medical malpractice laws.
Medical malpractice laws are the set of laws that allow an injured person, most often a patient, to bring a legal claim against a negligent medical professional. Specifically, medical malpractice laws allow patients to recover damages for the harms that were caused by the professional’s substandard conduct.
The exact laws concerning medical malpractice will differ by state. However, in general, medical malpractice occurs when a medical professional, such as a pharmacist, doctor, and/or a healthcare organization, falls below the standard duty of care that is required of them when they are managing, diagnosing, and/or treating a patient.
It is important to note that the deviation from the standard duty of care must result in an actual injury in order for the act to be considered medical malpractice. The deviation from the standard duty of care that is required of all medical professionals is generally the result of an act of negligence by that medical professional.
For example, in the case of a pharmacist printing the wrong directions for the use of Ritalin, such a negligent act may fall below their duty of care and cause an injury to a patient. For example, the patient may take too much of the drug as a result of the wrong directions. In this case, the pharmacist’s negligence may result in a medical malpractice suit.
Besides the above example, there are various other parties that can be held liable for injuries resulting from antipsychotic drugs. Examples of common parties that can be held liable for injuries related to Ritalin include:
- Medical professionals, especially if there is negligence, malpractice, or diagnosing errors involved with the treatment of an individual with a mental health illness;
- Manufacturers of antipsychotic drugs. Specifically, manufacturers or wholesalers of Ritalin may be held accountable under product defect laws if the drug is determined to be defective and results in injuries to users;
- Pharmacy professionals, especially if there is a prescription error, such as prescribing the wrong drug, prescribing a drug to the wrong person, or misprinting directions for the safe use of the drug.
In any of the above situations, the injured party may seek legal action to resolve their legal disputes or conflicts arising from their injury. Once again, this will typically mean initiating a personal injury lawsuit against the party that is responsible for their injuries and demanding a damage award to cover their injuries.
What Can I Do If My Child Was Prescribed Ritalin?
In general, children who experience ADHD or narcolepsy may be prescribed Ritalin. Because Ritalin is a prescription psychoactive medication, Ritalin should only be taken under the guidance of a licensed healthcare professional. As such, if your child has been prescribed Ritalin, it is important to follow all of the instructions provided by your child’s doctor.
If you should have any questions or concerns regarding Ritalin, it is best to consult with your child’s physicians to address them. Further, a doctor can provide you with information regarding the proper dosage and potential side effects of your child using Ritalin.
Finally, it is important to track your child’s progress when they are taking Ritalin. It is important to track your child’s progress in order to help monitor them for any changes in their behavior or mood. Further, if your child experiences adverse side effects, tracking their progress will help you to quickly report such side effects to their doctor.
What Are the Legal Remedies to Recover from Ritalin Injuries?
There are numerous legal remedies available for Ritalin injury claims. The exact legal remedies for Ritalin injury claims will fall under the medical malpractice or personal injury laws of the state in which the injury has allegedly occurred.
Generally speaking, in a medical malpractice case involving injuries related to the use of drugs such as Ritalin, the legal remedies granted by the judge or jury will typically consist of a compensatory damages award, which is paid by the party responsible for the victim’s injuries.
Additionally, in cases where a product defect is involved, legal remedies may also include product recalls and/or a class action lawsuit being initiated by the group of people who are alleging the specific drug harmed them.
A damage award is a specific monetary amount that is intended to reimburse the injured person for any losses that they suffered as a result of the medical malpractice occurring. Examples of common damage claims that are included in a Ritalin injury claim include, but are not limited to:
- Medical expenses, including the cost of stay and treatments performed on the plaintiff during their stay;
- Treatments that are necessary to treat the manifestation of the adverse effects that resulted from Tribenzor, including the necessary treatments to correct or reverse any medical malpractice negligent action;
- Lost wages or lost earning capacity;
- Pharmaceutical costs.
Some medical malpractice claims based on the use of Ritalin may result in considerably high Ritalin compensation awards, especially when the plaintiff suffered serious or egregious bodily damage because of the negligence of the medical professional.
For example, assume a doctor prescribes a higher than normal dosage of Ritalin knowing that their patient has a history of heart issues, and then their patient suffers a heart attack. In that case, the doctor may face punitive damages in addition to being held liable under medical malpractice laws.
Do I Need a Lawyer for Help with Ritalin Lawsuit?
As can be seen, injuries related to the use of Ritalin can be serious and often require legal action. As such, if you have been injured by Ritalin, it is in your best interests to consult with an experienced class action lawyer.
An experienced class action lawyer will be able to advise you as to your best course of legal action and how you may be able to recover from your injuries. Additionally, they will be able to help you determine if there are any class action lawsuits regarding Ritalin that you may join. Finally, an attorney will also be able to represent you in court, as necessary.
