Since just 2007, a dozen medications have been removed from the market, largely because they posed significant risk to patients. They are Pergolide, Tegaserod, Aprotinin, Inhaled insulin, Lumiracoxib, Rimonabant, Efalizumab, Sibutramine, Gemtuzumab ozogamicin, Propoxyphene, Rosiglitazone (Avandia) and Drotrecogin alfa. In some cases, the medication was found to simply be ineffective, but in most, the “side effects” were deadly.
No health care consumer fills a prescription thinking the medication could cause him or her harm. Still, many medications affect the liver in an adverse way. The standard expectation is that medicine will alleviate symptoms or the cause of an illness. Those at fault for a medication-caused injury or illness can be any of the following:
The physician made an error in prescribing the wrong medication or indicated a dosage that was wrong for the patient.
The pharmacy made an error in filling the prescription.
The pharmaceutical company that made the drug made it available to patients, even when it knew the level of risk was worrisome.
In some cases, the physician prescribing the medication may be responsible for an allergic reaction because he or she failed to inquire about drug allergies. Certain drugs and supplements — including Accutane, Byetta, Chantix, Hydroxycut, Levaquin, Oral Sodium Phosphate, Paxil, Prozac, Reglan and Raptiva in particular — tend to have higher rates of adverse reactions in patients.
What needs to be established in a lawsuit regarding an adverse drug reaction is whether the drug indeed caused the problem, whether there are mitigating factors that contributed to the problem, and whether costs were incurred by the patient because of the adverse reaction. Costs might include medical expenses, lost wages, pain and suffering, and loss of functioning.