Legal Question in Health Care Law in California

Can a drug manufacturer be made to pay for medical bills from complications that were caused by their medications?

I was started on Quinipril for high blood pressure and it has caused pancreatitis, I do not have insurance now, and cannot afford to pay for the treatment, for a disease that can cause alot of bad complications and/or be fatal.

the cause of pancreatitis in 80 % of cases is caused by alcohol, but I do not drink at all and never have been a big drinker, I have been drunk only twice in my life, and that was as an experimental teenager, I am now 53 yrs old. I do not drink,.

Thank you for your time


Asked on 9/03/09, 12:27 am

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

I'm sorry to hear that you are having such difficult health issues.

The liability of pharmaceutical companies is a very specialized area. There are different ways to look at the issue: Was there a warning that use of the prescription could cause a compromise in pancreatic function? Did your health practitioner warn you of the potential adverse consequences? Did your health care provider suggest that you should have your pancreatic function tested regularly? Did you do so?

Then, there is the question of whether the drug was designed properly? Did it go through all of the stages of approval? Was there any fudging in the scientific evidence? Did the pharmaceutical company know of the dangers of its use? What did its testing show with regard to pancreatitis?

In fact, pancreatitis appears to have been a known (albeit slight) side effect of ACE inhibitors since the late 1990s. One study suggests that the "clinicians should be vigilant in monitoring for signs and symptoms of pancreatitis." Arjomand and Kemp wrote a paper entitled "Quinapril and Pancreatitis" that was published in the American Journal of Gastroenterology in January 1999, 94(1):290-1.

You might speak with an attorney whose concentration is in the field of medical malpractice to discuss your treating physician's responsibility to you.

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Answered on 9/05/09, 4:19 am


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