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Can I sue if I almost died from taking a medication?
I was recently hospitalized twice. When I went to the ER they thought it was flu or meningitis. I had rapid heart beat, severe headache, nausea, chills, could barely breathe and a fever of 106.
I almost went into septic shock. They had to put ice under me to get my temperature down. One of the doctors told me it was because I was taking bactrim. The Bactrim was prescribed to me by my dermatologist. I googled "Bactrim and sepsis" and a lot of people had similar cases.
[ ] Want to answer more questions in the Health & Fitness category? Maybe give some free advice about: Health?
Below is information about this drug the Pharmacist should have included when the drug was dispensed to you.
Before taking this medication was your doctor aware of any of these things listed in that section that might apply to you. Then in the Severity: Major listed is chills and nausea but not the other things you say you experienced.
As for suing, anyone can sue anyone else if you have the money to pay for it. If a lawyer is unwilling to take a case on contingency then your chances of success are low but you will get your day in court if you can afford it. Remember these drug companies have powerful lawyers to defend them.
To win at trial I would thing you would have to prove the drug manufacturer willfully hid information from you and the public at large concerning the dangers of this drug and that you were irrefutably harmed.
For the best answer I would suggest you seek out a lawyer and ask what he or she thinks. Most lawyers will not charge for the first consultation.
Before taking this medicine
You should not use Bactrim if you are allergic to sulfamethoxazole or trimethoprim, or if you have:
•severe liver or kidney disease;
•anemia (low red blood cells) caused by folic acid deficiency; or
•a history of low blood platelets caused by taking trimethoprim or any sulfa drug.
To make sure Bactrim is safe for you, tell your doctor if you have:
•kidney or liver disease;
•a folic acid deficiency;
•asthma or severe allergies;
•a thyroid disorder;
•HIV or AIDS;
•porphyria (a genetic enzyme disorder that causes symptoms affecting the skin or nervous system);
•a glucose-6-phosphate dehydrogenase deficiency (G6PD deficiency); or
•if you are malnourished.
Severity: Major
You should check with your doctor immediately if any of these side effects occur when taking sulfamethoxazole / trimethoprim:
Rare
•Abdominal or stomach pain
•black, tarry stools
•blistering, peeling, or loosening of the skin
•changes in skin color
•chest pain
•chills
•cough or hoarseness
•dark urine
•diarrhea
•dizziness
•fever with or without chills
•general feeling of tiredness or weakness
•headache
•itching
•joint or muscle pain
•light-colored stools
•loss of appetite
•lower back or side pain
•nausea
•pain, tenderness, or swelling of the foot or leg
•painful or difficult urination
•pale skin
•rash
•red skin lesions, often with a purple center
•red, irritated eyes
•shortness of breath
•sore throat
•sores, ulcers, or white spots in the mouth or on the lips
•swollen or painful glands
•tightness in the chest
•unpleasant breath odor
•unusual bleeding or bruising
•vomiting of blood
•wheezing
•yellow eyes or skin
Incidence not known •Abdominal or stomach tenderness
•back, leg, or stomach pains
•bleeding gums
•blindness or vision changes
•blisters, hives, or itching
•bloating
•blood in the urine or stools
•bluish-colored lips, fingernails, or palms
•burning, crawling, itching, numbness, painful, prickling, "pins and needles", or tingling feelings
•burning of the face or mouth
•chest pain
•cloudy urine
•confusion
•constipation
•continuing ringing or buzzing or other unexplained noise in the ears
•convulsions
•cracks in the skin
•decreased frequency or amount of urine
•diarrhea, watery and severe, which may also be bloody
•difficulty with breathing
•difficulty with swallowing
•fainting spells
•general body swelling
•general feeling of discomfort or illness
•hair loss
•hearing loss
•hives
•increased thirst
•indigestion
•irregular heartbeat
•large, flat, blue, or purplish patches in the skin
•large, hive-like swelling on the face, eyelids, lips, tongue, throat, hands, legs, feet, or sex organs
•loss of heat from the body
•muscle or joint pain
•nosebleeds
•not able to pass urine
•numbness or tingling in the hands, feet, or lips
•pain or burning while urinating
•pinpoint red spots on the skin
•puffiness or swelling of the eyelids or around the eyes, face, lips, or tongue
•raised red swellings on the skin, the buttocks, legs, or ankles
•redness of the white part of the eyes
•redness, swelling, or soreness of the tongue
•sores, ulcers, or white spots on the lips or in the mouth
•soreness of the muscles
•stiff neck or back
•swelling of the face, hands, legs, and feet
•unsteadiness, trembling, or other problems with muscle control or coordination
•unusual weight loss
•weakness in the hands or feet
•weakness or heaviness of the legs
•weight gain ]
Every persons body is different and what one person might react badly to, another won't. This is why the pharmacist when giving you your prescription will advise you of the most common symptoms and to call your Dr. immediately or go to hospital if certain things occur. However they can't take the time to go over ALL the symptoms and thats why paperwork about the drug comes with each one, even a regular prescription one takes. I read my paper work about symptoms very carefully once I started Blood pressure meds and sure enough, a skin condition that only a few people get, started happening to me so I knew immediately it was the medication and saw Dr. to get a different prescription. Pharmaceuticals make sure to list and instruct the public the best that c an be to avoid getting sued if people suffer symptoms. This is also why all Drs. ask if you are allergic to anything, and that included medicines, not just food or pollens. You could ask a lawyer but I don't think a person can sue unless there is a death. Close death may not qualify either but I am sure that a lawyer who deals with medical claims would be one to know better whether you have a case because this is what they do.
I will say that if Bactrim is fairly new on the market, until there are enough cases of bad allergic reactions in the first people to take this drug, that pharmceuticals don't have that important info to post with any same meds given out. So someone in the right position does need to know so that it can be determined if ALL people have this reaction and it needs to come off the market or if only a slight few may get it and then it goes into the warnings. If a dr in the future doesnt go over the warnings of a drug, make sure to ask and if you forget, you can ask the same questions of a head pharmacist who knows drug interactions better than Dr.s and if all your meds if you take others go thru same pharmacist, they will know what to warn you about. ]
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