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?
Oxycontin is known to cause severe withdrawal symptoms unless the use of the drug is tapered off gradually. The symptoms you describe are listed as possible withdrawal symptoms, as well as severe flu-like symptoms. Proving that your husband’s withdrawal from the drug caused these symptoms will probably not be a problem.
The more difficult question will be who is liable for your husband’s withdrawal problems. If he had talked to his doctor first, it is very likely that his doctor would have set up a gradual tapering off of the drug, allowing your husband to discontinue taking the drug with a minimum of discomfort. This could severely limit your damages as the argument from the other side would be that your husband was negligent and contributed to his injuries by his negligent actions – a concept called contributory negligence. You may, however, still have some recourse against your husband’s doctor if you can prove that your husband was never warned of the dangers associated with sudden withdrawal from Oxycontin. Check any papers that your husband may have brought home from his doctor or his recollection of what he was told, and consult with an experienced attorney as soon as possible.
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