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Can I join a pharmaceutical class action case if I took a medication that my doctor prescribed for an off-label use?

You may be able to join a pharmaceutical class action case even if you took a drug that was approved by the Federal Drug Administration (FDA) for some uses, but not for the condition for which you took the medication. Doctors often prescribe FDA-approved drugs for other conditions that are not included on the label, and pharmaceutical companies sometimes market their medications to doctors for these off-label uses.

You Should Not Be Left Paying the Price

Instead, you should be able to recover damages for the harm that has been done to you. You may be able to accomplish this by filing a pharmaceutical class action case if:

  • You are one of a class of people who suffered similar injuries from using the drug for the same off-label purpose. You may not know if there is a class of people until you begin to research your legal options.
  • The pharmaceutical company marketed the drug for an off-label use or knew that it was being used for off-label purposes and failed to try to stop it. If the pharmaceutical company was trying to profit from the off-label use, or knew or should have known that it was going on, then it could be liable for any harm that was caused by medication.

You have suffered a serious injury and you deserve to know about all of your options for resolving your legal and financial issues. For more information about a specific drug, please search our website or contact us directly to schedule a free consultation.

Jason F. Abraham
Managing Partner, Hupy and Abraham