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My husband had severe reactions & psycosis to drug Ativan in…

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My husband had severe reactions...
My husband had severe reactions & psycosis to drug Ativan in 2010, he has no mental health hx & took no meds in our 21 yr marriage. While on this med he had 3 psych hospital admissions & on 12/3/2010 he took overdose/suicide attempt to get away from distressing psycotic thoughts that video streamed in his head. 19day hospitalization. We did not know until discharge 12/21/10 that the offending drug was Ativan. He has been on no meds last year. We live in CA. Is it too late to file a lawsuit against drug company? It has been 1 yr and 3 weeks since we knew offending drug
Submitted: 6 years ago.Category: Consumer Protection Law
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Answered in 6 minutes by:
12/27/2011
Consumer Protection Lawyer: AttorneyTom, Attorney replied 6 years ago
AttorneyTom
AttorneyTom, Attorney
Category: Consumer Protection Law
Satisfied Customers: 9,176
Experience: Attorney
Verified
Hello! Thank you for bringing your question to JustAnswer! I'm T-USA and I'll be happy to provide some valuable information!

If an injured individual wishes to sue based on allegations that a medication was defective, a lawsuit in CA must be filed within 2 years of the date on which the injury was discovered or within 2 years of the date on which the injury reasonably should have been discovered. Therefore, he may have a basis to sue depending on the reasonable discovery date of the injury (that cany vary based on the injury, medication, etc.). Accordingly, his prompt action is very, very important if he wishes to pursue a possible suit based on the defective product.

If the doctor was negligent in prescribing the medication, there may be a basis for a malpractice suit against the doctor as well. However, the statute of limitations requires a suit within a year of the reasonable discovery date for that purpose. Therefore, it may be more difficult to succeed with that, though prompt action may allow your husband's attorney to seek to preserve a claim against the doctor depending on the details of the circumstances.

Just let me know if you need any clarification!

I know that this answer may not be entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I rely on your honor to earn my living and I hope that you will click accept so that I am paid for my time and effort spent providing this information. If you don't click accept, I don't get paid anything at all.

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AttorneyTom
AttorneyTom, Attorney
Category: Consumer Protection Law
Satisfied Customers: 9,176
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