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Briefly, for the past few weeks I have been having some heath

Briefly, for the past few...
Briefly, for the past few weeks I have been having some heath problems related to a prescription drug that I was given
with a generic name that I did not recognize..
After many diagnostic tests multiple doctors and antibiotics. I am still not back to normal. The prescription bottle says nothing on it about this drug being the generic name for the name brand drug.
My medical records have a note the doctor attached "no substitution' being I didn't recognize the generic name I just took the dosage and didn't relate the problems I was and I am having to a allergic reaction to medication...

In order to try and make sure this doesn't happen to me or someone else again , I was wondering if there was legal action I could take.
Plus if there is permanent damage done to my health this could affect my way of life ...for the rest of my life. Feel like someone either the clinic CVS pharmacy or the family practice doc should have caught this before the medication was changed or CVS should have at least had a generic labeling on it.
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Answered in 7 minutes by:
6/20/2013
Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 102,919
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. You may indeed have a case here, but first, you need to find out the name of the drug. This is because one would need to trace the dug back to the manufacturer.

The manufacturer of a drug that has given you unpredictable and negative side effects may be liable for what is termed strict liability. Strict liability is a doctrine that essentially states that the maker of an item (or a drug) is directly responsible if a consumer uses the item in the means specified, and is injured.

To prove this claim, one must show that the medicine has a defect that made it unsafe, that the defect injured the consumer, and that the injuries caused damage.

Somewhat related and what may be filed as a second claim in the same complaint is negligence. For a negligence claim, you must show that the manufacturer owed consumers a duty of care (to create and provide a safe product), that the duty was breached, that the breach caused injuries. Marcus v. Young, 538 NW 2d 285 - Iowa: Supreme Court 1995.

An attorney is recommended. May I recommend the Iowa Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP. The attorney should take this on a contingency basis, meaning they do not get paid unless you do. Usual set up is their take is 33% settlement, 40% win at trial, 45% at appeal; plus some office costs. Everything is negotiable.

Often, such matters settle out of court.

Along with the litigation threat (or action), your attorney can also file a complaint with the State Attorney General's office and the U S Food and Drug Administration, and both may look into this themselves. You can technically do this now, but, it is best to save this to use as leverage.

I hope this helps and clarifies. Best of luck.

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Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 102,919
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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