Concerta Injury Lawsuit

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 What Is Concerta?

“Concerta” is the trade name for methylphenidate, a medication that is prescribed for the treatment of attention deficit hyperactivity disorder (ADHD). People from the ages of 6 to 65 can use Concerta. Other medications that are prescribed by physicians for ADHD are Adderall, Ritalin, and Vyvanse. Concerta comes in the form of a tablet that is taken by mouth once a day. The tablets release their ingredients over time.

Concerta is used to treat other conditions, such as narcolepsy. It is sometimes used unlawfully as a performance-enhancing substance.

Concerta belongs to a class of medications known as “stimulants.” Concerta works by increasing levels of 2 neurotransmitters in a person’s brain. Neurotransmitters are so-called “chemical messengers.” The 2 affected by Concerta are norepinephrine and dopamine. A person’s brain is stimulated by increasing the levels of these neurotransmitters, and can alleviate the symptoms of ADHD.

Concerta is a Schedule II controlled substance in the federal government’s schedule of controlled substances which shows how easy it is to abuse the drug. It is regulated because people can sometimes become addicted to it, which means that a person’s body needs to have the drug in order for the person to function normally. Addiction may lead a person to use a drug in a way that is other than the way in which a doctor directs. Importantly, addiction can make it extremely difficult for a person to stop using a drug.

People should recognize that it is important to store their medicines in a place where other people cannot access them. This helps to prevent misuse by other people for whom the drug has not been prescribed. It is a criminal offense for a person to sell or give their Concerta to another person who does not have a prescription for the drug.

What Are Some Dangers Associated With Concerta?

Concerta comes with a boxed warning required by the Federal Food and Drug Administration (FDA). Boxed warnings are also referred to as black box warnings. They are the strictest type of warning that can be required by the FDA.

Concerta has a box warning because, as noted above, it can be addictive. People who have experienced drug or alcohol dependence should be very careful when taking Concerta. If a person develops dependence, this means that their body needs the medication in order to function normally, and they may not be able to stop taking it.

If a person has a history of dependence, their doctor may monitor them closely while they take Concerta. Or the doctor and their patient may decide that if the risk of addiction is great, a patient might not want to use Concerta.

The main goal of a boxed warning is to alert doctors to a potentially serious side effect of a medicine or to restrictions on the use of a medicine. FDA rules require that the warning be formatted with a box around the text of the warning. It must also be displayed in a noticeable manner on the package insert or material that promotes the medicine. Black box warnings do not have to be included on the label for the medicine when it is dispensed by a pharmacy.

The person who prescribes a medicine, usually a licensed physician, is supposed to use a boxed warning. The prescribing physician has a duty of care to tell the person to whom they prescribe the medicine about the warning and the risks related to the medicine.

Boxed warnings do not always mean that it is unnecessarily risky to take the medicine. Some boxed warnings alert people to side effects that are very rare. However, a person should certainly listen to the warning when it is offered by the prescribing physician. They should reflect on the information the warning provides and whether the potential benefit of using the medication outweighs the risks.

Of course, a person should never take or purchase, or use any drug, including Concerta, that is offered to them by a person who is not a licensed doctor, nurse practitioner, or pharmacist. Due to this, there is a high level of risk that the medication is the product of the illegal manufacturing of controlled substances. Illegally manufactured drugs can pose even more dangerous than prescription medication.

Other unwanted side effects of Concerta are as follows:

  • Changes in blood pressure and heart rate;
  • Anxiety/nervousness;
  • Insomnia
  • Nausea;
  • Abdominal pain and weight loss;
  • Dependency on the drug;
  • In some cases, it may worsen existing psychoses in patients;
  • An overdose can lead to heart failure, a coma, and other serious conditions.

What if I Have Been Injured by Concerta?

A person who suffers harm, e.g., addiction, after taking Concerta may have a claim for medical malpractice against the healthcare professional who prescribed the medication for them.

A healthcare professional, including a licensed physician, owes a duty of care to their patients. If they fail to fulfill their duty or breach their duty in legal terminology and cause harm to a patient, their patient may sue them for medical malpractice. Such a claim may result in a damages award that covers losses such as hospital expenses.

While the presence of a black box warning in the package for a prescription medication may protect a physician from a claim of medical malpractice in some cases, the doctor may have been negligent in prescribing Concerta in other cases.

For example, assume that the healthcare professional who prescribed Concerta does not have proof of a patient’s informed consent or if the patient comes within a risk group to whom the medication should not be prescribed. In that case, the healthcare professional might be liable for medical malpractice.

Experts recommend that doctors use electronic prescribing software that warns them when a problem with a prescription is noticed. Or doctors can subscribe to email notices or other applications that alert them when new warnings for medication are issued.

In addition, doctors should always consider whether other medications that are also effective but do not have risks are available and whether the benefits of a medication outweigh the risks of the use of a particular medicine. Importantly, a doctor should consider whether a patient is an appropriate candidate for a particular drug.

A patient’s medical record should clearly show that a doctor has informed the patient of the boxed warning, considered alternatives, and analyzed whether the particular patient is a good candidate for the use of a particular medication. If a patient’s medical record does not reflect these things, the doctor may be liable for medical malpractice.

Consider that a patient is successful with their claim. In that case, they can recover an award of monetary damages that cover both economic losses, such as all costs of hospital care and other necessary medical treatment, as well as non-economic losses, such as pain and suffering.

Do I Need a Lawyer for Assistance With Concerta Injuries?

If you have taken Concerta and become addicted to the medication or suffered other injurious side effects, you want to consult an experienced class action lawyer. Your lawyer can review the facts of your case and advise you whether you have a claim for malpractice against the doctor who prescribed Concerta to you.

A malpractice case requires the help of medical experts and your lawyer knows how to identify the right experts, and use their testimony to their best advantage. Your lawyer is equipped to protect your interests and your rights.

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