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Can you file a lawsuit for suffering from ill side effects from prescribed drugs?
Doctor Everson recommends a birth control pill to one of his patients, Mrs. Midvale. She takes the drug for three months and then suffers pulmonary embolism. Who can she file suit against?
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Whether or not there has been an FDA drug recall, an individual injured from consumption of chemical and drugs may bring a cause of action against the pharmaceutical company, the manufacturer, and even the physician and/or pharmacy that dispensed or sold the drug. The theories range from failure to warn about potentially hazardous side effects, and negligence to strict liability and products liability. Drug manufacturers have a duty to warn doctors of a product's dangers; upon receiving the warning, the doctor must choose which drugs to recommend and must set forth the risks to the patient. A plaintiff must demonstrate proof that the defendant's warning was inadequate, and that the insufficiency of his warning caused the former's injury.
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Posted by Yara Zakharia on 21 Jan 2010
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