Consumer Law, Warranties Can you sue a drug manufacturer in small claims

[xmer]

Jurisdiction

Illinois

I want to sue Merck for the drug Montelukast , as it caused me to have tics in my eyes, and anxiety. I know small claims isn't much and you don't need much proof an injury occured I hear. Besides I cant find a classactions on the drug for adults only children that had suicidal thoughts from the drug.

 

[adjusterjack]

Illinois Rules of Court Part J - Small Claims - Rule 281 says:

"a small claim is a civil action based on either tort or contract for money not in excess of $10,000, exclusive of interest and costs."

Illinois Court Rules | Part J - Small Claims | Casetext

A personal injury due to negligence or product defect is a tort so, yes, I believe that you can sue in small claims court.

However, you will have to have incurred monetary damages for the cost of diagnosis and treatment to which you can add an amount for pain and suffering, the total of your claim not exceeding the $10,000 limit. Even in small claims court you will have to prove that the drug caused your condition.

 

[Tax Counsel]

I want to sue Merck for the drug Montelukast , as it caused me to have tics in my eyes, and anxiety. I know small claims isn't much and you don't need much proof an injury occured I hear. Besides I cant find a classactions on the drug for adults only children that had suicidal thoughts from the drug.

The problem is that the cost to sue a drug manufacturer for either design or manufacturing defects is often quite high. You have to prove that the drug was the cause of your medical problems and that those problems were not known problems that the manfacturer disclosed to the FDA and put in its drug fact sheet.If the problem was known and disclosed as a known risk, that will make it extremely hard to win anything because the manufacturer will claim you accepted the risk.

Doing all that requires expert testimony, which isn't cheap. And you'd have to know how to examine your own expert and cross examine drug maker's expert to make it clear that the drug was more likely than not the cause of the medical problems you have. In some states there are steps you must take first to resolve the issue before you may file in court. If all you are going to seek is $10,000 then your costs are likely to exceed that, making it uneconomical to sue even if you win. I'd suggest you see a local attorney who handles tort/negligence claims to see if you might have a claim for more in damages that might be worth the time, effort, and money to sue.

 

[army judge]

I want to sue Merck for the drug Montelukast , as it caused me to have tics in my eyes, and anxiety.

Have you discussed your alleged negative side effects with your primary care physician?

Before you consider a lawsuit, I suggest you initiate a conversation and thorough medical examination with the physician who prescribed the medication.

In addition to being an attorney, I'm also a licensed osteopathic physician.

______________________________


Montelukast (Oral Route) Proper Use - Mayo Clinic


Montelukast: 7 things you should know - Drugs.com


Montelukast (Singulair): Uses, Side Effects, Dosage & Reviews



Tips

May be taken with or without food. Available as tablets, chewable tablets, and oral granules. The granules can be administered directly into the mouth or dissolved in a teaspoonful of breast milk or formula, or soft food such as applesauce, carrots, rice, or ice cream. Once the packet is opened, the contents should be taken within 15 minutes. Discard any unused portion.

Take once daily in the evening when used as a preventative treatment for asthma.

Take montelukast daily as prescribed, even if you have no symptoms of asthma. Do not take another dose of montelukast within 24 hours of a previous dose. Do not increase or decrease the dose of montelukast without your doctor's permission and continue to take all other asthma medications as prescribed.

Take montelukast two hours before exercise when using to prevent exercise-induced bronchospasm (EIB). If you are already taking montelukast on a daily basis, you do not need to take an additional dose to prevent EIB.

Take exactly as prescribed when given for asthma, even if you are asymptomatic. Continue taking as prescribed even during an acute asthma attack.

If you miss a dose, take it as soon as possible. But if it is almost time for your next dose, just skip that dose. Do not double up on doses.

Chewable tablets are typically taken once daily in the evening (although studies have not been conducted to evaluate if there is any difference in effectiveness with morning dosing). Chew the tablets thoroughly before swallowing.

If you are having an acute asthma attack, take your short-acting bronchodilator medicine (for example, albuterol) as prescribed. Talk to your doctor if you regularly need to take more of your acute asthma treatment.

Notify your doctor if you experience any neuropsychiatric effects (such as aggression, anxiety, depression, or hallucinations) while taking montelukast.

Also, tell your doctor if you develop any symptoms of an allergic reaction including a rash or breathing problems; or side effects such as an abnormal heartbeat, unusual bruising, yellowing of the skin or eye, trouble sleeping, or a tingling or twitching in your fingers and toes.

Avoid driving or operating machinery if montelukast makes you drowsy or dizzy.

If you know you are sensitive to aspirin or other NSAIDs, continue to avoid these while taking montelukast.

If you have phenylketonuria, be aware that the 4 and 5mg chewable tablets contain phenylalanine.

Tell your doctor if you are breastfeeding, pregnant, or intending to become pregnant because they will need to discuss the risks versus benefits of using montelukast while pregnant or breastfeeding.

Medicines that interact with montelukast may either decrease its effect, affect how long it works for, increase side effects, or have less of an effect when taken with montelukast. An interaction between two medications does not always mean that you must stop taking one of the medications; however, sometimes it does. Speak to your doctor about how drug interactions should be managed.

Common medications that may interact with montelukast include:

anticonvulsants, such as carbamazepine, divalproex, fosphenytoin, or phenytoin
antifungals, such as fluconazole, miconazole, or voriconazole
echinacea
fibrates, such as gemfibrozil
fluvoxamine
heart medications, such as amiodarone
HIV medications, such as efavirenz
isoniazid
metronidazole
nafcillin
phenobarbital
rifampin
St. John's wort
sulfamethoxazole
tamoxifen
trimethoprim
zafirlukast.

Note that this list is not all-inclusive and includes only common medications that may interact with montelukast. You should refer to the prescribing information for montelukast for a complete list of interactions.

Montelukast Interactions Checker - Drugs.com


To get you started, you might also read the following.

Were you or a loved one diagnosed with a mental health disorder after taking Singulair?

Case Review

Do I Qualify for a Singulair Lawsuit?
If you or a loved one took brand name Singulair and received a diagnosis of a mental health disorder, such as those listed on the Singulair black box warning, you may qualify to file a Singulair lawsuit for compensation.

Neuropsychiatric disorders linked to Singulair include:
Major depressive disorder
Suicide
Institutionalization for psychiatric disorders
Obsessive-compulsive disorder
Homicidal thoughts
Suicidal thoughts
Non-psychiatric injury
Anxiety disorder
Other psychiatric disorders
In general, the time limit to file a claim for injuries caused by a drug is about three years, but this varies by state and may be less.

This can change depending on when you took the drug or when you discovered the drug's side effects. Make sure you contact an attorney right away if you believe you qualify to file a claim.

Filing on Behalf of a Family Member
Parents or caregivers can file on behalf of their children, and family members can file a suit for loved ones who died as a result of Singulair side effects.

When parents file on behalf of their child, they claim damages they incurred as guardians of the child, such as paying for medical bills. They also file for injuries their child suffered. Wrongful death claims are filed on behalf of deceased family members.

Experienced law firms can walk parents and family members through the process of starting a claim.

Preparing to File a Lawsuit
Once you've confirmed you took brand name Singulair and have received a diagnosis, it's time to start the lawsuit process.

Step 1: Finding an Experienced Law Firm
The first thing you need to do is find a law firm that has experience handling complex pharmaceutical litigation claims.

It's an important decision, so make sure you ask about the firm's track record and experience. Remember, you can interview more than one firm.

Step 2: Preparing Necessary Documentation
Once you've decided on the law firm you want to hire, sign up for a free consultation.

Before you talk to your attorney, make sure you have proof you took brand name Singulair, such as a receipt. Also gather medical records showing your diagnosis.

If you have difficulty getting these records, your attorney may be able to help.

Step 3: File the Claim
Once your attorney has determined you qualify to file a claim, he or she will start the process by writing up the complaint and filing the claim in the appropriate court.

Is There a Singulair Class-Action Lawsuit?
So far, there are no class action lawsuits for Singulair's mental health side effects. The lawsuits currently being filed are individual lawsuits.

Members of class actions don't get to choose their attorneys, and all the members of the class are awarded the same amount of money regardless of the severity of their injuries. For this reason, most drug lawsuits similar to Singulair lawsuits are individual claims.

When hundreds or thousands of plaintiffs sue the same defendants for similar injuries, a judge may decide to consolidate the cases into multidistrict litigation (MDL).

Cases in an MDL may share some resources such as discovery and experts, but each individual chooses their own lawyer and any settlement or jury verdict amount is based on the individual merits of their case.
...............................



Finally, ALWAYS seek the advice of YOUR primary care physician before making any health care decisions.

 

[Redemptionman]

The problem is that the cost to sue a drug manufacturer for either design or manufacturing defects is often quite high. You have to prove that the drug was the cause of your medical problems and that those problems were not known problems that the manfacturer disclosed to the FDA and put in its drug fact sheet.If the problem was known and disclosed as a known risk, that will make it extremely hard to win anything because the manufacturer will claim you accepted the risk.

Doing all that requires expert testimony, which isn't cheap. And you'd have to know how to examine your own expert and cross examine drug maker's expert to make it clear that the drug was more likely than not the cause of the medical problems you have. In some states there are steps you must take first to resolve the issue before you may file in court. If all you are going to seek is $10,000 then your costs are likely to exceed that, making it uneconomical to sue even if you win. I'd suggest you see a local attorney who handles tort/negligence claims to see if you might have a claim for more in damages that might be worth the time, effort, and money to sue.

From looking at the OPs post, it appears they are not seeking large damages and a small claims court doesn't really hinge on expert testimony but rather just damages and liability. I think the OP is hoping to get the 10k limit as a going away award. Who knows what the maker will do when faced with such a low damage amount. Probably harass the OP with legal filings to pressure them into dropping it. Sometimes they will play ball if you will and negotiate with the plaintiff for a small settlement to release claims on these smaller claims.

 

[Zigner]

From looking at the OPs post, it appears they are not seeking large damages and a small claims court doesn't really hinge on expert testimony but rather just damages and liability.

How do you think the OP will establish liability? Not just on his own word...

 

[zddoodah]

it caused me to have tics in my eyes, and anxiety.

Has a doctor told you that this particular drug was the cause of these things? Did the doctor who prescribed the drug review the potential side effects with you? Did you read any of the packaging that came with the drug? Mental health side effects, including suicidal thoughts or actions, have been a known side effect since AT LEAST early 2020.

When you first experienced these side effects, did you consult with the prescribing doctor? If not, why not? If so, did the doctor advise that you should continue with the drug? Did you discuss the possibility of a different drug?

you don't need much proof an injury occured I hear.

I'm not sure where you heard that or what it really means. In any civil lawsuit, you need enough evidence to persuade the jury or judge that it was more likely than not that all of the elements of your cause of action have been proven.

Besides I cant find a classactions on the drug for adults only children that had suicidal thoughts from the drug.

Huh?

As others have noticed, you're going to need expert medical testimony. As "Tax_Counsel" explained, trying to do this in small claims court will be a huge waste of time.

 

[zddoodah]

a small claims court doesn't really hinge on expert testimony but rather just damages and liability.

That makes absolutely no sense. Whether the case is in small claims court or otherwise, proving liability in a case such as this will require expert testimony. How else could the plaintiff possibly prove causation?

I think the OP is hoping to get the 10k limit as a going away award.

There's no such thing as a "going away award." My guess is that you're talking about a nuisance settlement (i.e., a settlement in a meritless case based solely on the cost of defense). If that's the case, then I agree that's what the OP is hoping for. However, if the absolute maximum possible judgment is $10k, then a nuisance settlement would be about $1k, and most major corporations will be happy to spend a few thousand bucks to defend a meritless case when the maximum risk is $10k - especially when the plaintiff likely cannot present any expert medical testimony..

 

[Zigner]

What people often forget is that many major corporations have attorneys on their staff. There is no additional cost for the basic "attorney stuff" that happens, so that isn't an incentive to settle.

 

[Tax Counsel]

From looking at the OPs post, it appears they are not seeking large damages and a small claims court doesn't really hinge on expert testimony but rather just damages and liability.

The problem is that establishing liability will take expert testimony, as I indicated before. Being in small claims court will not change that. The OP is not expert in the side effects of the drug so his/her testimony given on that should be ignored by the judge. Unless the small claims court judge is completely clueless (which can occaisonally occur, especially with elected judges) he or she will know better than to accept a statement from the OP along the lines of "this drug caused X side effects" without being able to explain how the drug did so and why nothing else would possibly be the cause. That's what the expert is for, and experts cost money. The drug company's lawyers will know all that, and in this kind of situation I don't see them offering "going away money".

 

[Redemptionman]

That makes absolutely no sense. Whether the case is in small claims court or otherwise, proving liability in a case such as this will require expert testimony. How else could the plaintiff possibly prove causation?



There's no such thing as a "going away award." My guess is that you're talking about a nuisance settlement (i.e., a settlement in a meritless case based solely on the cost of defense). If that's the case, then I agree that's what the OP is hoping for. However, if the absolute maximum possible judgment is $10k, then a nuisance settlement would be about $1k, and most major corporations will be happy to spend a few thousand bucks to defend a meritless case when the maximum risk is $10k - especially when the plaintiff likely cannot present any expert medical testimony..

call it want you want, I meant go away money. Actually companies can take any approach they want too in regards to settling. They tend to set limits and negotiate within what ever person they assign to handle its range. Whether that is 1k or 10k or somewhere in between, that is up to the companies agent assigned to handle it. In medical more than product it would probably require expert opinions but if you have proof of facts that is generally all that is required in small claims courts. Depending on state they do not operate like larger district courts. They tend to be fact and damage based not much on experts with a ruling by judge instead of jury.

 

[xmer]

Have you discussed your alleged negative side effects with your primary care physician?

Before you consider a lawsuit, I suggest you initiate a conversation and thorough medical examination with the physician who prescribed the medication.

In addition to being an attorney, I'm also a licensed osteopathic physician.

______________________________


Montelukast (Oral Route) Proper Use - Mayo Clinic


Montelukast: 7 things you should know - Drugs.com


Montelukast (Singulair): Uses, Side Effects, Dosage & Reviews



Tips

May be taken with or without food. Available as tablets, chewable tablets, and oral granules. The granules can be administered directly into the mouth or dissolved in a teaspoonful of breast milk or formula, or soft food such as applesauce, carrots, rice, or ice cream. Once the packet is opened, the contents should be taken within 15 minutes. Discard any unused portion.

Take once daily in the evening when used as a preventative treatment for asthma.

Take montelukast daily as prescribed, even if you have no symptoms of asthma. Do not take another dose of montelukast within 24 hours of a previous dose. Do not increase or decrease the dose of montelukast without your doctor's permission and continue to take all other asthma medications as prescribed.

Take montelukast two hours before exercise when using to prevent exercise-induced bronchospasm (EIB). If you are already taking montelukast on a daily basis, you do not need to take an additional dose to prevent EIB.

Take exactly as prescribed when given for asthma, even if you are asymptomatic. Continue taking as prescribed even during an acute asthma attack.

If you miss a dose, take it as soon as possible. But if it is almost time for your next dose, just skip that dose. Do not double up on doses.

Chewable tablets are typically taken once daily in the evening (although studies have not been conducted to evaluate if there is any difference in effectiveness with morning dosing). Chew the tablets thoroughly before swallowing.

If you are having an acute asthma attack, take your short-acting bronchodilator medicine (for example, albuterol) as prescribed. Talk to your doctor if you regularly need to take more of your acute asthma treatment.

Notify your doctor if you experience any neuropsychiatric effects (such as aggression, anxiety, depression, or hallucinations) while taking montelukast.

Also, tell your doctor if you develop any symptoms of an allergic reaction including a rash or breathing problems; or side effects such as an abnormal heartbeat, unusual bruising, yellowing of the skin or eye, trouble sleeping, or a tingling or twitching in your fingers and toes.

Avoid driving or operating machinery if montelukast makes you drowsy or dizzy.

If you know you are sensitive to aspirin or other NSAIDs, continue to avoid these while taking montelukast.

If you have phenylketonuria, be aware that the 4 and 5mg chewable tablets contain phenylalanine.

Tell your doctor if you are breastfeeding, pregnant, or intending to become pregnant because they will need to discuss the risks versus benefits of using montelukast while pregnant or breastfeeding.

Medicines that interact with montelukast may either decrease its effect, affect how long it works for, increase side effects, or have less of an effect when taken with montelukast. An interaction between two medications does not always mean that you must stop taking one of the medications; however, sometimes it does. Speak to your doctor about how drug interactions should be managed.

Common medications that may interact with montelukast include:

anticonvulsants, such as carbamazepine, divalproex, fosphenytoin, or phenytoin
antifungals, such as fluconazole, miconazole, or voriconazole
echinacea
fibrates, such as gemfibrozil
fluvoxamine
heart medications, such as amiodarone
HIV medications, such as efavirenz
isoniazid
metronidazole
nafcillin
phenobarbital
rifampin
St. John's wort
sulfamethoxazole
tamoxifen
trimethoprim
zafirlukast.

Note that this list is not all-inclusive and includes only common medications that may interact with montelukast. You should refer to the prescribing information for montelukast for a complete list of interactions.

Montelukast Interactions Checker - Drugs.com


To get you started, you might also read the following.

Were you or a loved one diagnosed with a mental health disorder after taking Singulair?

Case Review

Do I Qualify for a Singulair Lawsuit?
If you or a loved one took brand name Singulair and received a diagnosis of a mental health disorder, such as those listed on the Singulair black box warning, you may qualify to file a Singulair lawsuit for compensation.

Neuropsychiatric disorders linked to Singulair include:
Major depressive disorder
Suicide
Institutionalization for psychiatric disorders
Obsessive-compulsive disorder
Homicidal thoughts
Suicidal thoughts
Non-psychiatric injury
Anxiety disorder
Other psychiatric disorders
In general, the time limit to file a claim for injuries caused by a drug is about three years, but this varies by state and may be less.

This can change depending on when you took the drug or when you discovered the drug's side effects. Make sure you contact an attorney right away if you believe you qualify to file a claim.

Filing on Behalf of a Family Member
Parents or caregivers can file on behalf of their children, and family members can file a suit for loved ones who died as a result of Singulair side effects.

When parents file on behalf of their child, they claim damages they incurred as guardians of the child, such as paying for medical bills. They also file for injuries their child suffered. Wrongful death claims are filed on behalf of deceased family members.

Experienced law firms can walk parents and family members through the process of starting a claim.

Preparing to File a Lawsuit
Once you've confirmed you took brand name Singulair and have received a diagnosis, it's time to start the lawsuit process.

Step 1: Finding an Experienced Law Firm
The first thing you need to do is find a law firm that has experience handling complex pharmaceutical litigation claims.

It's an important decision, so make sure you ask about the firm's track record and experience. Remember, you can interview more than one firm.

Step 2: Preparing Necessary Documentation
Once you've decided on the law firm you want to hire, sign up for a free consultation.

Before you talk to your attorney, make sure you have proof you took brand name Singulair, such as a receipt. Also gather medical records showing your diagnosis.

If you have difficulty getting these records, your attorney may be able to help.

Step 3: File the Claim
Once your attorney has determined you qualify to file a claim, he or she will start the process by writing up the complaint and filing the claim in the appropriate court.

Is There a Singulair Class-Action Lawsuit?
So far, there are no class action lawsuits for Singulair's mental health side effects. The lawsuits currently being filed are individual lawsuits.

Members of class actions don't get to choose their attorneys, and all the members of the class are awarded the same amount of money regardless of the severity of their injuries. For this reason, most drug lawsuits similar to Singulair lawsuits are individual claims.

When hundreds or thousands of plaintiffs sue the same defendants for similar injuries, a judge may decide to consolidate the cases into multidistrict litigation (MDL).

Cases in an MDL may share some resources such as discovery and experts, but each individual chooses their own lawyer and any settlement or jury verdict amount is based on the individual merits of their case.
...............................



Finally, ALWAYS seek the advice of YOUR primary care physician before making any health care decisions.

I read most of everyone's post to contributing. The original doctor that prescribed the medication I think was a specialist, a pulmonologist , sleep specialist not a primary care doctor. I haven't seen the specialist in forever. I'm in a different town now. It wasn't till I visited a primary doctor recently that took me off it stating it causes anxiety. I told her what symptoms it caused. I did make a medwatch report on it.

 

[xmer]

I read most of everyone's post to contributing. The original doctor that prescribed the medication I think was a specialist, a pulmonologist , sleep specialist not a primary care doctor. I haven't seen the specialist in forever. I'm in a different town now. It wasn't till I visited a primary doctor recently that took me off it stating it causes anxiety. I told her what symptoms it caused. I did make a medwatch report on it.

I've seen different primary care doctors over the years and they never said anything about Montelukast, which is surprising. Only a recent visit to a doctor for a second opinion on my medications I'm taking did I learn about Montelukast to cause anxiety.

So far only lawyers are interested in kids being suicidal from the drug

I guess there is no case? Just be glad to be off the damn drug. Wish there was money in it

 

[Zigner]

In medical more than product it would probably require expert opinions but if you have proof of facts that is generally all that is required in small claims courts.

...and how does one "prove" facts when it comes to medical claims?
It's a rhetorical question. The answer is: "By the testimony of experts."

 

[Redemptionman]

I've seen different primary care doctors over the years and they never said anything about Montelukast, which is surprising. Only a recent visit to a doctor for a second opinion on my medications I'm taking did I learn about Montelukast to cause anxiety.

So far only lawyers are interested in kids being suicidal from the drug

I guess there is no case? Just be glad to be off the damn drug. Wish there was money in it

Uh yeah, I was on Lyrica for a while that made me want to jump out of moving vehicles and off bridges. The thing is the effects are not long lasting and after you discontinued usage you are back to normal somewhat. You are not going to find many doctors who want to get involved in the legal processes. So, if you have no permanent disability caused by this medication then you have no case. The system has changed a bunch these days and favors the companies and victims as the problem.

Good Luck with it.

 

[Tax Counsel]

Depending on state they do not operate like larger district courts. They tend to be fact and damage based not much on experts with a ruling by judge instead of jury.

If the small claims court judge is lawyer or has extensive legal experience he or she will know when an expert is required. Probably 95%+ of small claims cases don't have facts that need to be proven with an expert. They are simple cases, e.g. minor rear end car crash, slip and fall case, basic contract and property disputes. For those cases the plaintiff or other non expert may be a competent witness because the facts are something that most people have enough knowledge and experience to figure out if what the plaintiff claims is more likely than not true without the aid of an expert. This is not one of those types of cases. Neither judge nor jury could reliably assess where the fault for the injury lies without an expert.

Yes, the rules of small claims courts are simplified and more informal to keep costs down. But that does not mean the basic principles of our court system get tossed out. The plaintiff still has to present competent evidence that tends to show it is more likely than not that the defendant caused the alleged injury. The rules of evidence for small claims court may be less technical than in other courts; that is true in Illinois. So the plaintiff won't be tripped up by failing to follow some technical rule. But even with simplied rules of evidence the plaintff must prove his/her case to the judge. And in this kind of case how can the judge determine if the drug may have been the cause without an expert to explain what the studies on the drug demonstrate? Simply having the plaintiff say "This drug caused my injury" isn't sufficient. First, the plaintiff, except in rare instances, does not have the expertise to determine that. Second, the plaintiff's statement is simply conclusory and not evidence of the cause. The court will need someone who does have that knowledge — i.e. an expert — explain how the drug was the cause.

 

[xmer]

Uh yeah, I was on Lyrica for a while that made me want to jump out of moving vehicles and off bridges. The thing is the effects are not long lasting and after you discontinued usage you are back to normal somewhat. You are not going to find many doctors who want to get involved in the legal processes. So, if you have no permanent disability caused by this medication then you have no case. The system has changed a bunch these days and favors the companies and victims as the problem.

Good Luck with it.

Pharmakia is so corrupt. I hear rants from podcasters all the time. It's big business.

 

[xmer]

If the small claims court judge is lawyer or has extensive legal experience he or she will know when an expert is required. Probably 95%+ of small claims cases don't have facts that need to be proven with an expert. They are simple cases, e.g. minor rear end car crash, slip and fall case, basic contract and property disputes. For those cases the plaintiff or other non expert may be a competent witness because the facts are something that most people have enough knowledge and experience to figure out if what the plaintiff claims is more likely than not true without the aid of an expert. This is not one of those types of cases. Neither judge nor jury could reliably assess where the fault for the injury lies without an expert.

Yes, the rules of small claims courts are simplified and more informal to keep costs down. But that does not mean the basic principles of our court system get tossed out. The plaintiff still has to present competent evidence that tends to show it is more likely than not that the defendant caused the alleged injury. The rules of evidence for small claims court may be less technical than in other courts; that is true in Illinois. So the plaintiff won't be tripped up by failing to follow some technical rule. But even with simplied rules of evidence the plaintff must prove his/her case to the judge. And in this kind of case how can the judge determine if the drug may have been the cause without an expert to explain what the studies on the drug demonstrate? Simply having the plaintiff say "This drug caused my injury" isn't sufficient. First, the plaintiff, except in rare instances, does not have the expertise to determine that. Second, the plaintiff's statement is simply conclusory and not evidence of the cause. The court will need someone who does have that knowledge — i.e. an expert — explain how the drug was the cause.

Thanks for info. I guess you could say the judge and jury are well hung lol

 

[Zigner]

Pharmakia is so corrupt. I hear rants from podcasters all the time. It's big business.

You hear rants on the same topic all the time because you listen to rants on the same topic all the time. That's how it works...you are fed what you've eaten in the past.

The buzzword for that is "algorithm."

 

[zddoodah]

I hear rants from podcasters all the time.

Well...if it's coming from podcasters, then it must be unassailable truth. SMH....