Thank you for using JustAnswer. I am researching your issue and will respond shortly.
I'm sorry to hear about your situation. Can you tell me when this happened? Was she ever told that suicide was a possible side effect (not just at the pharmacy, but by her doctor, etc...)?
oct 13 2012, no we researched it after the fact, and found a different side effect list online
How old was she? Did she have any children, etc...?
she was 15
Were there any other factors that could have led her to suicide? (while a side effect is a very persuasive issue, other factors could support or mitigate this specific factor, and infer some other cause)
no, she was very outgoing, played in all sports, worked out, was very active,
And what type of lawyer did you actually visit? Was there any reason that he/she gave you for saying that nothing could be done?
he said since the drug didnt show up in the toxicology report there wasnt anything he could do
i didnt visit him, i just called him and explained the situation,
The toxicology report is a problem. Unless the drug changed the underlying structure of the brain and had lasting effects after the drug has left the body, causation will difficult to establish in such a situation. To be able to win such a case, it would need to be proven that but-for her taking the medication (and it would also need to be proven that she did) she would not have committed suicide.
Further, it would need to be proven that she never was informed of this by anyone.
That way, they could not say that this was an assumption of risk.
Finally, damages would need to be proven. Now while I understand that she had her entire life in front of her, it's not known what she would have done.
And I don't want to sound inconsiderate, but ultimately damages really do boil down to earnings throughout one's lifetime.
Her earnings if she were to live according to the actuarial tables would be reduced to present value, as the damages.
And even then the jury would need to agree that these were the actual damages.
Now I would suggest contacting some other attorneys, particularly class action attorneys.
You see, medication litigation tends to be very very expensive because of the expert testimony needed.
Class action lawyers are typically the only ones that can afford that.
(since they deal in volume, rather than individual cases)
But again, it would need to be established that even though she didn't have it in her body, that it still contributed primarily to her suicide. And that would need expert testimony to show.
so i need to find a clas action lawyer to get a expert on the medication to prove she was on it rather than the toxicology report,
If it's something that should have shown up in the toxicology report, and didn't, there would need to be expert testimony to show that nonetheless the drug changed the brain chemistry such that it didn't need to be in the bloodstream to cause the suicide.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
you answered all my questions
My pleasure.If there's nothing else, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).