Get Help Now


A black box warning was added to my medication after I was already hurt. Is that relevant to my possible recovery?

We are sorry to hear that you were hurt by a drug that was meant to help you. You may be reassured that the drug now contains the FDA’s most stringent warning. However, it can be incredibly frustrating to have suffered a significant side effect from a medication without having been warned that the side effect was a possibility.

What the Black Box Warning Means to You Now

Drug warnings change all the time based on post-market data collected by the drug company and by the U.S. Food and Drug Administration (FDA). The timing of the black box warning may or may not be relevant to any potential legal claim that you have against the drug manufacturer or marketer.

In order to determine if the drug manufacturer or marketer is liable for your specific injuries you would have to know if:

  • The pharmaceutical company knew about (or should have known about) the side effect you suffered before you suffered it. Was enough research done to determine whether the drug was safe?


  • You had adequate warning of the potential side effect. Should the black box warning have come sooner?


As you recover from your injury in your home in Waukegan, at a Gurnee hospital, or elsewhere in Illinois, it can be difficult for you to answer these questions.

But There Is a Way to Find out the Truth

You may have the right to team up with others who have been similarly hurt and to file a pharmaceutical class action case to recover damages for your injuries. To find out more, please fill out our online contact form to schedule an initial consultation.

Jason F. Abraham
Managing Partner, Hupy and Abraham