A Cape Code product liability lawsuit can arise from many different types of products, including prescription medications. Drug-based product liability cases can involve products that were defectively designed or manufactured, but more often they may claim that the manufacturer failed to warn consumers of possible complications from usage of the medication.
Of course, the plaintiff has the burden of proving that the defendant is liable for his or her injuries, and this can be a challenge in many cases. If the plaintiff’s complaint does not alleged sufficient facts to support a viable cause of action against the defendant, the trial court may dismiss the plaintiff’s case.
Facts of the Case
In a case recently ruled upon by the United States District Court for the District of Massachusetts, the plaintiff was a man who claimed that he suffered serious side effects from a prescription medication and that the defendants, a drug manufacturer and a research and development company, failed to warn him of these possible issues. The drug in question was Risperdal, which is an anti-psychotic drug. The plaintiff, who is an inmate at a correctional institution in Bridgewater, Massachusetts, was purportedly prescribed the drug due to a diagnosis of a personality disorder. According to the plaintiff, the drug caused him to gain weight, have tremors, and develop gynecomastia (increased breast tissue).