Drug Lawsuit / malpractice

[denis19589]

What is the name of your state (only U.S. law)? Back Ground
I joined a diabetes drug testing program, to test a new version of a popular drug. I been on the study for 4 years, it is in the Phase 3, finals study. One of the side effects is a low percentage (.4%) chance of getting thyroid cancer.

Known Fact

I have been informed I was one of the unlucky ones who contacted thyroid cancer, stage 1.

There is no cancer history in my family, brothers sisters, parents and grand parents nor aunts and uncles. I never smoked nor chewed.

I have seen on TV were lawyers advertise for their firms to represent you in a drug lawsuit. The popular drug is involved in suits for it is know to cause Thyroid Cancer.

Question:

Is one better using those national law firms those who offer service for say YAZ drugs or using a local law firm who specialize in malpractice / drug liability suits (I may not be using correct terms sorry).

The Doctor of the study said the drug company will pay for the medical expenses, but need me to sign a paper... I go back for addition testing next couple of weeks,,,

What should I do? I am lost here,,,,,,,,,,,,,, out of my environment,

who's financial responsible,,, Sadly I have no medical insurance, nor the financial to fight the cancer or the big company.

 

[las365]

The Doctor of the study said the drug company will pay for the medical expenses, but need me to sign a paper...

Do not sign anything, it is likely to be a release of your claims.

If I were you I would want to hire an attorney who has experience in these types of cases. The "national" firms that advertise for cases generally have local firms that do the work. You can meet with as many attorneys as you wish and choose one that: 1) you feel confident in; and 2) will take your case.

 

[Adam G]

National firms just bring the cases in through advertising then refer them out to other firms that do the actual work.

What state are you in?

 

[ecmst12]

You voluntarily joined a study for an investigational medication with this as a known potential risk. You would have signed about a million papers saying you understand this risk and are choosing to participate anyway. The drug company is already willing to pay for the treatment you will need as a result of your participation. What more do you think you can get? I mean, feel free to talk to a lawyer or 2 but I really don't see you having a case for anything here and if your main concern is treatment for the cancer, you've already been offered that!

 

[denis19589]

thanks

Adam G I live in Montana.

las365: This is how I feel, I need to sart my searching this week


ecmst12: my main concern is getting treatment, finanical is not a big concern for me. I just don't want to be short changed. Large companies have to power to throw their weight around. SO more seeking aadvice finding some one to represent me, look out for me so to speak.

But wonder I did volunteer, BUt when a person take a perscription thats has disclamers on the package about side affect even serious ones, and end up getting a serius complacations from the medicates,,, are they not also willingly take the medication such as I did?

 

[Zigner]

But wonder I did volunteer, BUt when a person take a perscription thats has disclamers on the package about side affect even serious ones, and end up getting a serius complacations from the medicates,,, are they not also willingly take the medication such as I did?

By being part of the study, you specifically acknowledged awareness of the possible side effects and specifically waived your rights for compensation based on those side effects.

 

[ecmst12]

When a person takes a prescription medication with KNOWN side effects and they experience known side effects, there is no lawsuit. The big class action suits you see advertised are generally because there is a side effect that was NOT known at the time they were prescribed the medicine and was discovered later.

 

[Mass_Shyster]

When a person takes a prescription medication with KNOWN side effects and they experience known side effects, there is no lawsuit.

This is incorrect.

 

[ecmst12]

How could one (successfully) sue for a risk they knowingly assumed?

 

[Mass_Shyster]

How could one (successfully) sue for a risk they knowingly assumed?

That was not your original assertion.

 

[bazim]

Know your rights

You're entitled to learn more about your legal rights. Many firms offer free consultations. Take advantage of that. Look for medical malpractice attorneys just to be safe about getting the compensation/treatment you deserve.

 

[ecmst12]

That is...EXACTLY what I said. What did you THINK I said that was not true?

 

[Zigner]

That is...EXACTLY what I said. What did you THINK I said that was not true?

He's playing the the semantics game.

You said that the person would not have a lawsuit.
Your (obvious) intent was to state that the person would not be successful in a lawsuit.

ETA: Before I get jumped on, I've played the game too

 

[Mass_Shyster]

That is...EXACTLY what I said. What did you THINK I said that was not true?

A known side effect does not imply that the victim knowingly assumed the risk.

Ever hear of a failure to warn?

Those two statements are only EXACTLY the same in your world.

 

[You Are Guilty]

A known side effect does not imply that the victim knowingly assumed the risk.

Ever hear of a failure to warn?

Those two statements are only EXACTLY the same in your world.

Not to be pedantic, but if it is a "known" side effect (as opposed to "a side effect"), where is the failure to warn claim coming from?