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My husband has psoriatic arthritis. He has been on Enbrel…

Customer Question
My husband has psoriatic...

My husband has psoriatic arthritis. He has been on Enbrel since it came out and Methotrexate. October 2017 he was diagnosed with stage 4 Lymphoma. Within 4 days his kidney function was down to 4%. Doctors immediately started him on dialysis and chemotherapy. He is currently in full remission. Unable to go back to the medicine listed above the rest of his life. Is there any recourse back to the makers of Enbrel and Methotrexate?

Lawyer's Assistant: What state is your husband in? It matters because laws vary by location.

Wisconsin

Lawyer's Assistant: What steps has your husband taken so far?

Your first contact for legal advise. Filed claim with social security 1st round denied. He has 60 days to file an appeal from February 13, 2018.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

His life is changed, no longer can do the manual job without the old arthritis medicine. He is always in pain and has lost over 50% of his strength.

Submitted: 23 days ago.Category: Personal Injury Law
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Answered in 12 minutes by:
4/2/2018
Personal Injury Lawyer: RobertJDFL, Attorney replied 23 days ago
RobertJDFL
RobertJDFL, Attorney
Category: Personal Injury Law
Satisfied Customers: 14,641
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Personal Injury Lawyer: RobertJDFL, Attorney replied 23 days ago

Good afternoon,

I'm very sorry to hear about your husband's health problems. In order to have a potential claim against the drug manufacturer, you would have to prove some form of negligence against them. The first would be a potential claim of defective manufacturing. This may be the result of an error at the manufacturing facility or the pharmacy where the drug was made or bottled, or a problem that occurs during shipping, or an error in labeling -- in other words, any situation in which a mistake is made at any point between the factory and the place you receive the drug. The second would be a failure to warn by the drug manufacturer. This would involve proving that the drug makers knew that the product had certain dangerous side effects and failed to properly warn users of the drug of the risk and that harm resulted. Sometimes, there can be claims against drug makers for drugs with dangerous side effects. These claims take place when a drug has caused serious side effects resulting in serious injury or illness. Many times a victim may claim the company knew about the side effects and did not properly disclose the risks. Some of these cases involve drugs that have been on the market for a very long time. With the passage of time, it may be discovered that the drug can cause serious health issues. Many people that file this type of claim believe the company knew about the potential dangers but never reports the information. If this can be proven in court, the victim(s) may receive a great deal more money from a lawsuit in the form of punitive damages.

To put it another way, you'd have to be able to show that the drugs caused his cancer and/or the almost total shutdown of his kidneys.

Just looking quickly, I see that there are some firms handling class action cases against the makers of Embrel because some users who took the medicine later developed Legionnaire's Disease. I don't see anything specific to your husband's medical issues, but that doesn't necessarily mean there isn't anything.

What I would recommend is that you gather your husband's medical records and try to get a consultation with a couple of products liability lawyers in your area. Only upon a full review of the medical records and a consultation could they really give you a complete answer. Such cases -if they do decide to represent you - are taken on a contingency basis, meaning you would pay no fees or costs unless they recover money.

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Personal Injury Lawyer: RobertJDFL, Attorney replied 22 days ago

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