Legal Question in Product Liability in Texas

Product Liability - Prescription Drugs

I have a minor ''12 year old'' child who was seriously injured by a prescribed chemotherapy regimen for Lupus related ITP{in hospital for 3 months now}as a result of the procedure. Present diagnosis is GBS resulting from serum sickness {Onset was immediately after chemo-infusion}. Patient was perfectly fine {with exception of Lupus related ITP} immediately prior to specified treatment}. My spouse had to resign from her position to care for child {functional recovery is now expected to be as long as one year}We have major medical coverage: However, this is not expected to cover all of the ''outpatient'' physical/occupational therapy, and associated ''in home'' care that patient is expected to need in the coming year {patient is no longer on respirator, but has trach, and is functially paralyzed, at the current time, from the shoulders down}

I do not believe in profiting from something like this: However, I would like to explore the possibility of recovering the non-insured portion of medical expenses, as well as the lost wages of my spouse. Mediation would be our preferred method. Please advise.


Asked on 1/23/07, 5:37 pm

2 Answers from Attorneys
Dan Street Street Law Firm

Re: Product Liability - Prescription Drugs

I am very sorry to hear about this tragedy that has befallen your child and your family. This is a horrible situation that should never have happened. Unfortunately, even as cut-and-dried as it may look to you as the parents, this case is quite complex and will require the efforts of a highly-skilled personal injury lawyer. Please review our qualifications on our web site and then call me to discuss your case in detail.

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Answered on 1/26/07, 9:32 pm
James Grissom Law Office of James P. Grissom

Re: Product Liability - Prescription Drugs

I can almost assure that you will not "profit" from this situation. Your costs, expenses and everything involved to care for this child will far exceed the non-insured portion of the medical expenses and recovery seldom pays all the bills. These cases almost always mediate, but not at the outset. The pharmaceutical company is not going to admit fault or liability until all facts are developed. Any other persons or entities will also deny fault or liability until their errors are exposed. Right now you are describing a problem with the prescribed chemotherapy regimen, but other factors may be involved. These cases are very difficult and expensive to prove and prepare for trial. If you want to discuss this further, contact me by email.

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Answered on 1/23/07, 7:04 pm


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