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Personal Injury Law (Accidents/Slip & Fall)/Mental injuries by defective drugs

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Question
I was prescribed antidepressants prozac, efferor, lexapro; Xanax for anxiety and Ambien for insomnia during 2010, 2011, 2012.The side effects damaged myntal stability and I ended up in hospitals and emergency rooms. On July, 2012 Social Security Doctors diagnosed my mental damage as severe and not expected to improve. I was awarded disability for seven years. Is there a law in California that protects against defective products ? Is this a legal case?

Answer
Thousands of lawsuits are filed every year about "defective products".  I have represented hundreds of people regarding damages from defective IUDs, defective pain meds, defective weight loss meds, etc.  Problem with your idea is this:  Those drugs you mention are used by millions of people who derive great benefit from them.  It keeps them OUT OF the hospitals. So, although the drugs may not have helped you, that doens't mean they are DEFECTIVE. They just didn't work for you.  Thousands of people each year end up in the hospital from taking aspirin or other pain meds.  That doesn't mean they have a good case against Bayer or some other company.  There are risks with any medication that you assume when you take them and no drug guarantees you will obtain benefit from them.

And here is the other problem.  You took those drugs because you already had problems with "mental stability", right?  So how would we prove that what sent you to the ER was the drugs and not the problem you had before the drugs????  And then how do we prove you didn't abuse those drugs?  Definitely no legal case here.  Good luck.

GLAD YOU UNDERSTOOD MY REPLY AND DO NOT OBJECT TO IT.  TELLS ME YOU WILL BE OK.

Personal Injury Law (Accidents/Slip & Fall)

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Glenn A. Dorfman

Expertise

Thirty-two years experience in personal injury, medical malpractice, medical product liability law and class actions. Qualified to answer all questions regarding injuries and the law, except for worker`s compensation. Actively involved and fully experienced in litigation regarding recalled hip implants as well as the Mirena IUD.

Experience

Hundreds of satisfied clients in previous litigation

Organizations
California State Bar Association in good standing since 1976. Federal District Court

Education/Credentials
Jurisx Doctor degree 1976

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