Do you think I have the 'right' to sue a pharmacutical company??

In 2001, was diagnosed with Psychosis; although I no longer have it, and its been a long time since they've weened me off the medication, i was given Zyprexa/Olanzapine at the time of diagnosis. Within 3 months I gained 60kg, was then diagnosed Type 2 Diabetic (from the weight gain), High Blood Pressure, and High Cholesterol, and now my Kidneys are on the brink.

This weight gain has made me 'physically' ill, and now if I would have a mental condition, it would be 'depression' due to how I feel about being overweight.

Do I have a case against 'Eli Lilly' who makes Zyprexa? I doubt it, but was wondering if there was any hope, more so for getting an operation or something.

Thx

I personally think you should have the moral right.. however I doubt you would have a legal one. Many governments [especially the US] have given big pharma legal immunity so they can misstreat people however they want.

sure, why not?
you can sue anyone you want for whatever you want....don't mean you're gonna win or find an attourney to take your case though...

btw, i am on zyprexa too. i gained a mad amount of weight...more than 40 lbs in 2.5 months

It would depend on a lot of things... what kind of warnings you might have received on the packaging, what your doctor told you about possible side effects, that kind of thing.

Hard to say if you have a claim just from what you've said.

Well the documentation that comes with the medication states the 'possible' side effects, also the doctor states it upon first prescription as well - however they coerced me anyway saying that the benefits outway the consequences - little did they realise I'm now more ill due to the side effects than what the medications were supposed to do.

I do believe if there are side effects from medication, that the medical establishment should do everything in their power to rectify them to keep a healthy body and mind, without the use of more medications - which ALSO have MORE side effects. I mean by giving a gym membership with personal trainer, or rewarding if the person uses their own initiative to fix themselves (physical exercise, eating healthy, losing weight) as this would 'save' the government money for pharmaceutical medication to continue a lifetime of dosing the patients, to 'mask' more so the symptoms rather than fixing them.

Thx

Well, if you are no longer suffering from psychosis, the benefits do seem to have outweighed the side effects. The medication did what it was supposed to do. The side effects that you experienced are most unfortunate, though, and I am very sorry to hear what you have gone through.

I think, from a legal standpoint, that you would have difficulty filing a successful suit based on the information that you have given. Although at the time you might have felt that you had no other choice but to take the medication, what you've described would likely not be considered "coercion" by a court of law.

Also not in your favor is that you were apprised of the possible side effects of the medication, and you assumed the risk of taking it.

If you truly feel that you have been wronged, you should seek a consultation with a lawyer who specializes in (pharmaceutical) products liability. I would recommend against trying to file a class action suit, as the plaintiffs rarely make out better than the attorneys who file them. Plus, the government has cracked down on class action lawsuits due to abuse.

Definitely seek the advice of an attorney licensed to practice in your state, if you truly believe that you could be successful. I'll be honest with you, though... you may have difficulty finding an attorney who would actually take your case. I do not know enough of the specifics of your situation to provide you with any more than that.

Good luck to you... in your recovery, and in finding an attorney that you are comfortable working with.

Brilliant advice and thank you, its much appreciated

I will look into it further and trying my hardest to lose 'weight' is a main priority at the moment, I've set a date next week to quit smoking and against my better judgment I will be trying 'Champix' medication (yeah yeah i know, I'm a hypocrite), but I have taken into account my research that side effects are short term, and that of my previous experience with Zyban which did well. Doctor stated that the 'Suicide' warnings made in the USA about Champix are sensationalised, and should not take heed to them.

I do suffer from the odd 'psychotic' type drama every 7 or 8 months, but doctors have said that the symptoms are more so of an extreme form of Anxiety and not psychotic episodes. I have not taken 'mental' medications for quite some time now, and feel rather OK with it, but as stated before, it rears its ugly head every now and then

Again, thanks for the advice!

Thx

reply to post by Im a Marty


No problem!

See? Spread the word... there are lawyers that care about people.

Stay healthy! I am pulling for you!