To prove that you are eligible for compensation as a result of negligence or a defective product, you must:
Prove that you used the drug as intended
Virtually all drugs (whether they be prescription or over-the-counter products) have the potential to cause harm when misused. You may not be able to recover compensation for your losses if you were harmed because you did not heed the manufacturer’s warnings or instructions when taking a weight-loss drug. However, such warnings or instructions may be inadequate (as explained below).
Prove that you were not sufficiently warned of risks
Those who market any drug have a responsibility to ensure that consumers are provided with sufficient warning regarding the risks of using said drug. If the marketers of a drug fulfilled their responsibility by providing fair warning to consumers, someone who was harmed as a result of using their product might struggle to recover compensation. An insurance company could argue that the consumer was alerted to the fact that they could be injured or become ill if they chose to take a certain weight-loss drug. They might argue it is not the company’s fault that the consumer used the drug after being warned that doing so could be risky.
When taking legal action against a weight-loss drug company for harm you suffered as a result of using a weight-loss supplement or medication, you must prove that you were not provided with a reasonable warning about the possibility of harm. You should enlist the help of an attorney who can investigate the matter thoroughly. For example, were there known side effects that the manufacturer failed to describe?
Prove that the harm you suffered was the result of using a weight-loss drug
This is critical. Various weight-loss drugs have been shown to potentially cause a wide range of health problems.
However, It is often possible to attribute these health issues to other causes. A weight-loss drug company or their insurer could avoid paying a claimant by suggesting that there is no proof that taking a weight-loss drug is what caused a claimant to develop an illness or injury.
Showing that you were harmed because you took a weight-loss drug will likely require coordinating with medical professionals. You might need expert testimony from a physician or other such specialist who can explain in clear terms why the physical harm you have suffered is undeniably tied to the effects of a weight loss product.
These are all reasons it is very wise to enlist the help of a personal injury lawyer if you believe you have grounds to file a claim or lawsuit due to being harmed by a weight-loss drug.You will have a much better chance of showing that you deserve compensation if you have the assistance of an experienced legal professional who can gather evidence to strengthen your case.
At Swartz & Swartz, P.C., our Boston personal injury attorneys are prepared to review your case and help you better understand your legal options. If we find you have a valid case and you decide you would like us to represent you, we will fight aggressively to hold the weight-loss drug company accountable. Learn more about what we can do for you by contacting us online or calling us at (617) 742-1900 to schedule your free consultation..