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Curious about something. And i guess even if you arent a lawyer and some knowledge on this, please share
Read the article below.
I'm wondering, if a family has grounds to sue the drug company if a member of thier family was on one of these meds listed for Epilespy for a long period of time, and who did committ suicide, or if the drug companies are protected.
I'm not a lawyer but I did stay at a Holiday Inn Express last night. I think the answer's in the article:
"Nearly a thousand damage suits have been filed accusing Pfizer of contributing to the suicides or attempted suicides of patients taking Neurontin. Personal injury attorney Andrew Finkelstein of Newburgh, N.Y., who represents about 300 families, claims patients were unnecessarily exposed to an increased risk of suicide due to Pfizer's actions."
Post by famousblueraincoat on Feb 3, 2008 10:26:54 GMT -5
I think the answer is maybe. I hate to be that cryptic, but it really depends on so many variables. Each individual factual situation is critical. Obviously, you can file suit if you have the filing fee, but that does not mean that you'll win. You're probably talking about some very costly litigation (considering the money that the large pharm corps have).
The question of whether there is a protection for the pharm corp that makes the drug is really a question of the law of your state. I don't practice law in Delaware so it's tough for me to say without doing some hunting. This sounds like a subject which might be better dealt with in the class action context, in which case you might want to figure out if there is already a suit out there of individuals who have had difficulty with these Epilepsy drugs and see if you can't become a member of that class (a larger class is probably more able to afford the long course of litigation/has a better chance of making it in the long haul).
Also, I don't know the personal situation, but if there were telltale signs that the drug was creating issues and literature suggesting that the drugs have traditionally created mental health issues, you might consider a suit naming the health care professional who prescribed the drug or was monitoring the patient.
That's the vague long and short of it. Obviously, I know nothing about the individual's medical history that we are talking about or his course of treatment, and I'm not comfortable giving any kind of individualized legal advice to someone who is in Delaware. But hopefully this rough guidance can get you started.
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