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What defenses are the drug manufacturer and/or my doctor likely to use?
Purdue Pharma and your doctor may spend a fair amount of effort pointing fingers at each other for liability. Purdue Pharma will argue that it was up to your doctor to make the appropriate call as to whether you were a good candidate for Oxycontin, to watch you for signs of abuse and addiction, and to monitor your withdrawal from the drug. Your doctor, on the other hand, will argue that the manufacturer misled him or her with respect to all the risks associated with taking Oxycontin, that the signs of abuse and addiction were never emphasized, and that a tapered withdrawal from the drug was not emphasized by the company.
If the essence of your complaint revolves around your or a loved one’s addiction, you can expect whomever is on the other side of the table to argue that the addiction is due to lack of self control – in essence that, if the addict really wanted to stop taking Oxycontin, he or she would and therefore, the manufacturer or doctor has no control over the addiction. Since Oxycontin addiction is caused by actual changes in brain chemistry, this argument is, of course, wrong. However, you will probably have to bring in an expert to testify to the nature of the addiction. |
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OxyContin Information and Warnings
What is Oxycontin prescribed for? Was it ever approved by the FDA? What are the side effects of taking Oxycontin?
In our town, we have seen firsthand that Oxycontin is addictive and can cause severe withdrawal symptoms or death by overdose. Since this is such common knowledge, why should I go to an attorney for help? Can’t I just negotiate a settlement with the company on my own? Or would there be a benefit to joining a class action in my case?
Are there any special considerations in a case involving Oxycontin?
What are the major legal issues in a case involving Oxycontin?
What defenses are the drug manufacturer and/or my doctor likely to use?
What types of damages are available in a case involving an injury caused by Oxycontin?
My doctor prescribed Oxycontin to help me deal with some pain after minor surgery. I am now addicted to Oxycontin and I am facing legal problems because of my addiction. With all that I’ve read, I don’t think it was appropriate for my doctor to prescribe Oxycontin in the first place. How do I prove this and who is liable for my addiction?
My husband was using Oxycontin on a prescription basis, but he was nervous about becoming addicted to it. He quit taking it without talking to his doctor. He suffered terrible withdrawal symptoms, including intense nausea and bone pain, and was unable to work for quite a period of time. How can we prove that withdrawal from the drug caused these symptoms? Will our damages be reduced because he decided on his own to stop taking the drug?
What is the statute of limitations in a case alleging death or severe withdrawal symptoms caused by Oxycontin?
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