Statins are a category of drugs prescribed to lower cholesterol levels in an individual’s blood. Some of those drugs have been linked to various side effects.
Statin side effects depend on the specific drug used. For example, Lipitor, Zocor, and Crestor may increase statin diabetes by approximately 15 percent. Other types of statins side effects include:
- Liver damage
- Heart attack
- Muscle pain
- Cardiomyopathy, or serious weakening of the heart muscles
Due to these side effects and health risks, some statins may be considered dangerous drugs. A dangerous drug is a prescription drug that causes injuries to those using the drug legally. The person using the drug must be taking it according to the prescription instruction given to them by the doctor, and not abusing it.
What are Statin Lawsuits?
Statin lawsuits are filed on behalf of the victims who sustained injuries from taking the drugs. The lawsuits are typically based on a defective product claim.
A defective product is type of product such as a prescription drug that causes injury because of a design defect, faulty labeling, or defective manufacturing.
Three conditions must be present for a plaintiff to have a successful statins defective product lawsuit:
- The statins had an unreasonably dangerous defect.
- This defect may include an increased risk of diabetes or heart attack.
- The defect in the drug caused the plaintiff an injury while they used the drug the way it was intended to be used by the manufacturer.
- In other words, the plaintiff took the drug as prescribed by a medical professional.
- The statin drug was not changed substantially from the way it was originally sold by the manufacturer.
- The plaintiff did no alter the statin drug in any way, such as dissolving it and adding it to a stomach medication or taking it under conditions that the plaintiff was told to avoid while taking it.
What Other Legal Theories are Involved in Statin Lawsuits?
Depending on the type of injury or incident involved, other legal theories may be involved in a statin lawsuit. For instance, some statin lawsuits may involve a medical malpractice theory of law. This can occur if a doctor or other medical professional commits some form of negligence in relation to a statin product. Examples of these may include:
- Prescribing statin medications to the wrong patient, such as a patient who doesn’t need the drugs (i.e., prescription errors);
- Prescribing the wrong dosage of statins to a patient; and/or
- Providing wrong instructions on how to take the medicine.
Similarly, other parties can be held liable for malpractice. These may include nurses, pharmacists, and other medical personnel.
What can Limit My Damages in a Statins Lawsuit?
As mentioned before, in the case of statins, if you alter it or take in a way not prescribed/allowed, then you can greatly limit your chances for receiving damages.
While many things, like drugs/medications, are held to a high standard of strict liability, it does not mean that the manufacturer is always fully to blame. If there a specific way to take a medication or use a product, and it has warned the individual to follow instructions, then it is very likely that the individual can be found at least partially negligent.
Remember, the outcome is always dependent on the unique facts/circumstances of the case. Some patients may take statins in the non-recommended way and not be hurt or affected. Other patients may take statins as directed and still be injured.
It’s important to follow the instructions for any product that you use, and make sure that your item is not damaged in any way before you use it.
Should I Talk to a Lawyer about My Statins Injury?
Statins have been the focus of several class action lawsuits. To determine if you should file a lawsuit for your statins-related injury, you should contact a local personal injury lawyer. An attorney can advise you of your legal rights and can represent you in court.