Legal Question in Product Liability in North Carolina

Hello Law Guru,

Can I hold a manufacturer and/or an industry liable for damages from promoting and distributing a synthetic drug (ergocalciferol or vitamin D) as a vitamin that occurs naturally in the body and/or prevent them from deliberately naming and drugs after natural body processes (vitamins) and promoting the drug as the real thing?

I have learned that synthetic vitamin D (ergocalciferol) is actually rat poison. It does not possess the natural characteristics of vitamin D and does not function in the body as naturally occurring vitamin D.

I experienced symptoms of rat poison toxicity/hypersensitivity that mimicked stroke, Multiple Sclerosis, Myasthenia Gravis, cancer, and medication induced movement disorders. Doctors did not recognize the symptoms as related to vitamin D, but may recognized the symptoms if I indicated I had been prescribed rat poison at 50,000 units, once a week, for two years.

The difference in terminology delayed a proper diagnosis and course of treatment.


Asked on 4/05/13, 12:34 pm

1 Answer from Attorneys

Kenneth Love Ken Love Law

If you were harmed by a drug you took, you may have the right to sue. You should see a lawyer ASAP.

As a private citizen, you don't really have enforcement power to halt a drug's production. You should contact the FDA at www.fda.gov if you feel the drug should be banned and let their processes handle it.

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Answered on 4/08/13, 2:19 pm


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