Each year, there are a large number of lawsuits which are filed in connection with injuries that result from dangerous drugs. In the context of personal injury law, the phrase dangerous drugs usually refers to a dangerous prescription drug or medication, for example, Concerta and statins.
The phrase dangerous drugs may also include medical devices and, in some cases, certain treatments which revolve around the administration of drugs. Dangerous drugs does not typically refer to illicit or illegal drugs, including opium or methamphetamines.
Those types of drugs are usually covered by criminal statutes and are professed under a different set of laws and legal principles.
What Are Statins?
Statins are a category of drugs which are prescribed to patients to lower their cholesterol levels in the blood. Some statins have been linked to various side effects.
Statins are typically prescription drugs. Examples of commonly used statins include Atorvastatin and Simvastatin.
The side effects of statins will depend upon the specific drug which is used. For example, some statins may increase statin diabetes by approximately 15%, including:
Other types of statins side effects may include:
- Liver damage;
- Heart attack;
- Vomiting;
- Headache;
- Diarrhea;
- Weakness;
- Nausea;
- Rash;
- Constipation;
- Muscle pain; and
- Cardiomyopathy, which is a serious weakening of the muscles of the heart.
Because of these side effects and health risks, there are some statins which may be considered to be dangerous drugs. In order to be considered a dangerous drug, the individual using the drug must be taking them according to the prescription instruction given to them by their doctor and cannot be abusing the drug.
What Are Statin Lawsuits?
A statin lawsuit is filed on behalf of a victim who sustained injuries from taking the drug. These types of lawsuits are usually based on a defective product claim.
A defective product is a product which causes injury due to:
- A design defect;
- Faulty labeling; or
- Defective manufacturing.
There are three conditions which are required to be present in order for a plaintiff to have a successful statins lawsuit based on the legal theory of defective product, including:
- The statin had an unreasonably dangerous defect, which may include an increased risk of diabetes or heart attack;
- The defect in the drug caused the plaintiff to sustain an injury while they used the drug the way it was intended to be used by the manufacturer. In other words, the plaintiff used the drug as prescribed by a medical professional; and
- The statin drug was not substantially changed from how it was originally sold by the manufacturer. This means that the plaintiff did not alter the statin drug in any way, for example, dissolving it and adding it to a stomach medication or taking it under conditions that the plaintiff was told to avoid while using the drug.
In many cases, medications will cause adverse reactions or injuries in multiple individuals using them. These cases result in unsafe drugs class action lawsuits.
This type of lawsuit allows the parties to sue the drug manufacturer or other liable parties in one lawsuit instead of multiple lawsuits based on the same types of injuries.
What Other Legal Theories Are Involved in Statin Lawsuits?
Depending upon the type of injury or incident which was involved, there are other legal theories which may be included in a statin lawsuit. For example, certain statin lawsuits may involve a medical malpractice theory.
This may occur if a physician or other medical professional commits some type of negligence in relation to the statin product, such as:
- Prescribing statin medications to the wrong patient, for example, a patient who does not need the drugs. This is a prescription error;
- Prescribing the incorrect dosage of statins to the patient; and
- Providing incorrect instructions on how to take the medicine.
There are also other parties that may be held liable for malpractice, including:
Other legal theories that may be involved in a statin lawsuit include a design defect or defective manufacturing. With a design defect, the product was manufactured correctly but the defect is inherent in the product itself, making it dangerous to consumers.
In other words, the medication may have been made correctly but there is a dangerous side effect or issue that arises when it is consumed. Defective manufacturing claims arise when the medication itself was made incorrectly or was tainted with another substance.
Can I Recover Damages for Injuries Resulting From Dangerous Drugs?
Yes, an individual may be able to recover injuries which result from dangerous drugs. As previously noted, unsafe or dangerous drugs make up one of the largest categories of products liability lawsuits in the United States.
In certain cases, writing a complaint letter to the drug company is not enough. An individual may be required to take legal action on behalf of themselves or a loved one.
In these cases, there are some steps the individual should take to prepare for filing a lawsuit, including:
- Keeping the unused portion of the drugs or medicines for reference;
- Keeping all hospital bills and receipts, in case these records for damages are needed in the upcoming lawsuit;
- Compiling any witness testimony regarding the individual’s injuries;
- Creating a written account of any injuries, including:
- what happened;
- why the individual took the medication;
- symptoms of their injuries;
- losses; and
- Keeping all records of the individual’s financial losses including lost wages and pain and suffering costs.
An individual may then present these items and information to a qualified personal injury lawyer who can assist with filing a lawsuit. An individual’s case may be strengthened if many other individuals have also suffered injuries due to the dangerous drugs.
In cases where many individuals were injured, a class action lawsuit may be necessary.
What Can Limit My Damages in a Statins Lawsuit?
As previously noted, with statins, if an individual alters it or takes the drug in any way which is not permitted or prescribed, they can greatly limit their chances for receiving damages in a statins lawsuit. Although many products, such as medications and drugs, are held to a high standard of strict liability, it does not mean that a manufacturer is always fully to blame.
If the medication is supposed to be taken in a specific manner or a specific product is supposed to be used and the individual did not follow the instructions, it is likely they will be found at least partially negligent. It is important to note that the outcome of any case depends on the unique facts and circumstances of that case.
There are some patients who may take statins in a non-recommended manner and are not injured or affected. Other patients may take the statins as directed and still be injured. It is important for an individual to follow the instructions for any product which they use or drug they take and ensure that the items are not damaged prior to using or ingesting.
If an individual was incorrectly prescribed statin drugs, they may be able to sue their medical provider under the medical malpractice theory of law. It is important to note that some states have imposed caps, or limits, on the amount a plaintiff can recover in these types of cases.
Should I Talk to a Lawyer about My Statins Injury?
Statins have been the basis of numerous class action lawsuits. A class action lawyer can help you file a lawsuit if you have a statin-related injury.
Your lawyer can evaluate your case, determine if you are eligible for compensation and whether you may participate in a class action lawsuit. You will be represented by your lawyer any time you appear in court.
