Personal Injury Law

Personal Injury Law Question? Ask Personal Injury Lawyers.

Ask a Lawyer,
Get an Answer ASAP!

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: 3 months ago.Category: Personal Injury Law
Show More
Show Less
Ask Your Own Personal Injury Law Question
Answered in 12 minutes by:
4/2/2018
Personal Injury Lawyer: RobertJDFL, Attorney replied 3 months ago
RobertJDFL
RobertJDFL, Attorney
Category: Personal Injury Law
Satisfied Customers: 15,213
Experience: Experienced in multiple areas of the law.
Verified

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.

Ask Your Own Personal Injury Law Question
Personal Injury Lawyer: RobertJDFL, Attorney replied 3 months 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.

Ask Your Own Personal Injury Law Question
Personal Injury Lawyer: RobertJDFL, Attorney replied 3 months ago

Please let me know if I may provide you with any follow-up information or may clarify my answer for you in any way. Otherwise, please remember to take a moment to leave a positive rating for me by clicking on the stars at the top of the page. Doing so costs you nothing extra, but it is the only way experts like myself are credited by the website. You can always reply back (at no additional cost) after rating should you need additional assistance. Thank you.

Ask Your Own Personal Injury Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a personal injury lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Attorney
Category: Personal Injury Law
Satisfied Customers: 15,213
15,213 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

1,175 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

725 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney

485 satisfied customers

I have 30 years of legal and litigation experience.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

449 satisfied customers

I provide basic personal injury advice to my clients in my own practice.

Brandon, Esq.

Brandon, Esq.

Attorney

367 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

P. Simmons

P. Simmons

Attorney

279 satisfied customers

16 yrs. of legal experience.

Personal Injury Pro

Personal Injury Pro

Attorney

203 satisfied customers

Insurance Defense Attorney

< Previous | Next >

Related Personal Injury Law Questions
I witnessed the cops shot this man they t boned and landed
I witnessed the cops shot this man they t boned and landed with his bumper on my driver door and they shot him repeatedly and he didn't have a gun and after they finished shooting him the cops came to… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
Dec. 21 2017 My husband was killed at a county hospital in
Hello, Dec. 21 2017 My husband was killed at a county hospital in El Paso TX. Medical Tort law has been explained to me by at least 30 Lawyers. Is there anything I can say to get them on board to help… read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
Juris Doctor
1,219 satisfied customers
In 2014 my husband was diagnosed with Non Hopkins Lymphoma
Hello-In 2014 my husband was diagnosed with Non Hopkins Lymphoma in the left neck area. He had to go thru very harsh rounds of chemotherapy and radiation. He had been feeling very unwell in the two ye… read more
LegalGems
LegalGems
Juris Doctorate
12,550 satisfied customers
I have a very close friend who went to a spine surgeon for
Second opinion] I have a very close friend who went to a spine surgeon for low back pain and foot drop. The surgeon informed her that she had a pseudoarthrosis at L5 as well as nerve intrappment and a… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,198 satisfied customers
My dad went to walkin clinic. he has kidney failure and is
my dad went to walkin clinic for medication for shingles. he has kidney failure and is on dialysis which he told the MD. they gave him acyclovir 800 mg 4 x a day . he is now hospitalized with neurotox… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
My wife is a plaintiff in mass tort suit in southern Ill. Cardiologist
My wife is a plaintiff in mass tort suit in southern Ill. Cardiologist treated her with Pradaxa to control the possibility of a stroke. My wife lost her only kidney and will beon dialysis for rest of … read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
8,410 satisfied customers
My husband has Multiple Myeloma, which is a cancer of the blood
My husband has Multiple Myeloma, which is a cancer of the blood plasma cells. This cancer is known to thicken the blood. He had been through a round of chemotherapy which included Velcade and Dexameth… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I was in a car accident on 11/11/11. I have insurance through
I was in a car accident on 11/11/11. I have insurance through Erie insurance and the other driver, who was at fault, has Progressive insurance. The insurance adjusters asked me to fax bills to the Eri… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I went to my area hospital April 20th, for the first time since
I went to my area hospital April 20th, for the first time since March, 2011. After 5 hours of ER "tests" the doctor told me they could not give me medication for my kidney stone pain because I was a k… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,175 satisfied customers
For the past three years I have been treated for kidney failure.
For the past three years I have been treated for kidney failure. I am a dentist and though I have some limited medical knowlege, I really had no idea of the level of care I was receiving from my physi… read more
RJ
RJ
JD
3,048 satisfied customers
I have a history of being mis-diagnosed with Bipolar Disorder
I have a history of being mis-diagnosed with Bipolar Disorder in 1983 and placed on Lithium with the first hospitalization that summer. By 1986 or 1987 when I finally got accept to the internet throug… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
Is it legal for a doctor to make a choice not to give a patient
Is it legal for a doctor to make a choice not to give a patient dialysis when both kidneys have stop functioning because the patient is dementia and paranoid and the family with a POA for Health insis… read more
Ely
Ely
Counselor at Law
Juris Doctor
725 satisfied customers
Hello from Minneapolis, MN My brother, Ben is 56. We are not
Hello from Minneapolis, MN My brother, Ben is 56. We are not related biologically, we're adopted. Our new parents accidently dropped Ben on the sidewalk when he was 2mos old. He seemed to recover fine… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
In February of this year my mother became ill on one of the
In February of this year my mother became ill on one of the vessels owned and operated by Holland America Lines. To make a long story short they put her off the ship in Puerto Rico. They did not call … read more
Ellen
Ellen
Attorney
Doctoral Degree
649 satisfied customers
My wife was injured in an auto accident. Due to pre-existing
My wife was injured in an auto accident. Due to pre-existing conditions, standard treatments for soft tissue damage were not possible. The insurance adjuster is classifying my wife's injuries as soft … read more
Personal Injury Pro
Personal Injury Pro
Attorney
Juris Doctor
203 satisfied customers
This is from Doctor Arun good JA friend Then oregon case
This is from Doctor Arun good JA friend Then oregon case criminal neglect.Caregiver did not have heart medications in house.How does this compare to my mother. The heart medications cannot suddenly wi… read more
RJ
RJ
JD
3,048 satisfied customers
Mothers been in Staten Island Univ. Hosp. for 4 weeks after
Mother's been in Staten Island Univ. Hosp. for 4 weeks after becoming agitated at her Adult Home. When she went in, blood work was done and everything was normal, including her kidney functions.After … read more
Ellen
Ellen
Attorney
Doctoral Degree
649 satisfied customers
Walgreens filled my sons thyroid medicine wrong on 4/7/2009.
Walgreens filled my sons thyroid medicine wrong on 4/7/2009. The doctor transmitted (electronically) a prescription for 250 MCG of synthroid - they filled it for 25 MCG. The doctor has verified they r… read more
David C. Garner
David C. Garner
Attorney
Post-Doctoral Degree
920 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x