Legal Question in Personal Injury in Texas
Fish Oil Fiasco
My son has muscular dystrophy and heart problems. He has an implanted cardiac defibrillator. After hearing about the benefits of fish oil (Omega-3) and flax seed oil on the heart, he began taking the supplements. As a direct result of taking these supplements, he suffered severe reaction as these oils which caused his defibrillator to activate and deliver approx, 17 jolts to his heart. He was transported by EMS to nearest hospital where he was hospitalized. He now has to take add'l. medication to try and prevent his heart from racing as a result of the supplements.
The supplements carry absolutely NO WARNING of the perils to people who have heart rhythm problems and have an implanted ICD. JAMA reported in 6/05 that there was danger of fish oil causing life-threatening racing heartbeat to those using ICDs. Product was mfg./distributed by ''Nature Made''. Don't they have a responsibility to warn people of the dangers associated with their product? Do I have any legal recourse in a case like this?
2 Answers from Attorneys
Re: Fish Oil Fiasco
You are correct, manufacturers do have a duty in Texas to warn of potential risks of their products that they know of or should have known. I am familiar with the JAMA article, and in fact the American Heart Association discussed this very issue at a meeting in Dallas last year.
If you have the product label, we would be happy to review it and have our medical experts review your son's records. Please feel free to contact us.
Michelle Wan
Re: Fish Oil Fiasco
I'm very sorry to hear about your son's medical complications. First and foremost, to have a case against the manufacturer of this product, you must have a doctor (probably a cardiologist) to be willing to state under oath in an affidavit (and later to testify in court) that "in reasonable medical probability" it was the supplement, or combination of the supplements, that caused your son's heart problems. It can't just be an "educated guess" on your part that this is what must have happened. Secondly, the doctor would have to be very specific that it was the failure of the manufacturer of this product to post an adequate warning label that caused your son's medical condition to worsen, and that your son took the supplement in exactly the manner and dosage prescribed by the directions on the product. In other words, if the "directions" said take two tablets but your son took four, this might possibly let the manufacturer off. The doctor must be very specific in stating that, taken exactly as directed on the bottle, this product was dangerous to patients having an implanted cardiac defibrillator.
Products liabililty cases, particularly against drug or supplement manufacturers, are difficult cases and hinge on the willingness of a credible physician to stick his neck out for his patient and state in no uncertain terms that the product itself, or the manufacture or distribution or labeling thereof, was negligent and that it was this negligence that caused your son's medical problems to worsen.
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