Posts Tagged ‘ Causal Effect ’

Why Didn’t a Lawyer take my Drug Lawsuit?

July 27th, 2011. By AbiK

It’s a frequently asked question: Why didn’t a lawyer contact me about my drug complaint?

While, sadly, there have been many instances where someone has been badly harmed by a drug—or has even died—proving that the drug has been the direct cause of injury or harm can be tricky in a court of law. For starters, if the pharmaceutical company has provided a warning on the product, packaging, package insert or advertising about the side effect that caused the harm, chances are a lawsuit about it will be decided in favor of the defendant (i.e., the drug company).

We recently responded to a reader at LawyersandSettlements.com who asked this very question after a loved one who had been taking Enbrel sadly developed a brain tumor and died. The following is how we responded, and we thought we’d share our response as there may be other readers who are interested in it as well. This was the response:

“Let me provide you with some insight as to how these more major drug lawsuits work.

Unfortunately, when it comes to drug litigation and person injury, it is very difficult to prove that a victim was indeed harmed by a specific drug without a direct causal relationship being established between the drug and the injury involved. Typically, a court will not rule in favor of the plaintiff unless there have been major studies done that have been widely accepted by the medical and scientific communities—including such bodies as the Federal Drug Administration (FDA). Many times, the courts look to the existence of a drug recall, or a ‘black box’ warning on a drug’s label, or new warnings issued by the FDA in order to establish beyond a doubt that such a causal relationship exists between the drug in question and the specific injury of the plaintiff.
 
With Enbrel, the adverse events noted on the prescribing information involve the risk of lymphoma, particularly in children and adolescents, and the risk of fungal infections and tuberculosis. To date, there is not an ‘official’ warning or peer-reviewed, widely accepted study regarding Enbrel and brain tumors—though there is some anecdotal discussion online about it. In a court of law, however, stories and experiences such as those online—regardless of their real merit—are not seen as a concrete basis for finding in favor of a victim.
 
Having said that, a victim or their loved ones should not refrain from at least filing a complaint with an attorney for review if there has been an injury or death that may be related to a drug. The laws regarding pharmaceutical litigation are complex—and many times there may be other factors involved, such as medical malpractice or negligence, that may present a viable case. It is also in everyone’s best interest to pursue all their legal options, as one attorney may interpret the details of a complaint differently than another. We aim to mitigate that by having more than one attorney review a complaint–but it can be of benefit to explore several legal service providers.”

The bottom line is that while defective drug lawsuits can be challenging to fight in a court of law, victims have every right to pursue them and should do so–it’s often sadly the only means we as individuals have in order to hold pharmaceutical companies accountable once a drug is on the market. It’s also, sadly, often the only way a victim can afford to pay for medical costs incurred as a result of a drug injury. So should you think you might be the victim of a drug injury, have a lawyer review your complaint.

Tags: Adverse Events, Causal Effect, Drug Lawsuits, File a Claim, File a Lawsuit, Harmful Side Effects, Pharmaceutical Lawsuits
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