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My friend is suffering irritable bowel syndrome from Lotronex. Are there any consumer protection laws for drug side effects?
Julie, who suffers from irritable bowel syndrome, was prescribed the prescription drug Lotronex. A few months into the treatment, she suffered ischemic colitis as result of her use of the medication. Under what theories of the law can she sue?
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Julie can bring a products liability action and a medical negligence claim against the drug manufacturer and the nurse practitioner who prescribed the drug to her for the injuries she sustained. On her medical negligence claim, she will have to show that the nurse knew or should have known of the harmful side effects of Lotronex, and that her prescribing of the drug constitutes a breach of the standard of care expected of nurse practitioners under similar circumstances. Julie can also argue that the product manufacturer persisted in marketing the drug when there were other opportunities for more effective warnings and alternative treatment methods available.
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Posted by Yara Zakharia on 21 Jan 2010
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