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Shapiro & Appleton

I took a Low-T drug and suffered a heart attack. I want to pursue a claim against the drug manufacturer but I don’t know what kind of claim I would pursue.

Sometimes injury compensation may be pursued under one of several theories of liability. You would most likely pursue a products liability claim against the pharmaceutical company that manufactured the Low-T drug you took.

Products liability claims require proof of four elements. First, you have to show you were actually injured. Second, you must show the Low-T drug lacked sufficient warnings or instructions (called defective marketing). Third, you must show that the lack of a proper warning of, say, the risk of heart attack, caused your specific injury. Fourth, you must show that you used the Low-T medication in the way it was intended to be used. This generally means taking the drug as prescribed.

Although you may have heard that Low-T drug lawsuits are being handled in federal court, there is no federal product liability law. The case may ultimately proceed in federal court, but the federal court would still rely on the state’s laws to decide the case.

Product liability cases are complex, so it’s important to talk to an attorney in your state who is knowledgeable about that state’s product liability laws. 

Richard N. Shapiro
Personal Injury & Wrongful Death Lawyer Serving Va Beach, Norfolk, Chesapeake & all of Virginia
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