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I was taking Bextra for a year for my arthritis pain. Now it's been taken off the market and I don't know what I'm going to do. I stopped taking it and my pain is back. Can I sue the manufacturer?
The short answer is: probably not.
The first thing you need to do is to have a conversation with your physician about your pain and what the alternatives are. There are other non-steroidal anti-inflammatory drugs (NSAIDs) on the market, which may be available and safer to use (as far as we know). At this point, although the FDA has requested the manufacturer of the drug, Celebrex, another arthritis medicine, to issue a specific and strong “black box warning” (the strongest possible warning about side effects), it will remain on the market for the time being. The FDA is also requesting stronger warnings on over-the-counter NSAIDs, like Advil and Aleve. But these drugs remain available and, again, you should talk to your doctor about your options.
Now, why can you probably not sue the manufacturer of Bextra? You didn’t state in your question that you were injured in any way from having taken the drug! In order to successfully sue, you must prove you suffered damages from having used the product. Your claim is simply that you have pain because you can no longer use the product. If you were injured in some way by having taken Bextra, and you wanted to sue the manufacturer, then, yes, you might have a case. That doesn’t seem to be what’s going on for you. Pfizer, the manufacturer, took it off the market voluntarily at the request of the U.S. Food and Drug Administration (FDA). You can’t sue them for doing that. |
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