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Can I Sue My Depression or Anxiety Medication?

Medication from a pill bottle

In some cases, yes, you can sue your medication manufacturer. People seeking relief for major depressive disorder or anxiety disorder may find worsening symptoms or other serious side effects when taking potentially dangerous medication.

This is typically caused by:

  • Mistakes made by a medical professional's misdiagnosis
  • Medical malpractice from prescribing off-label medication uses
  • Product liability from a defective medication
  • Incorrect drug usage after a doctor, manufacturer, or pharmacy provided wrong or inadequate warnings

Prescription drugs are tested and controlled by the U.S. Food and Drug Administration (FDA), but they can still make mistakes or have to recall medications. Selective serotonin reuptake inhibitor (SSRI) and serotonin-norepinephrine reuptake inhibitor (SNRI) are commonly prescribed for depression, anxiety, or for off-label uses such as insomnia or fibromyalgia symptoms.

Pharmaceutical companies are no strangers to lawsuits. The person bringing the case, called a plaintiff, should collect evidence and a clear list of their symptoms before speaking with an attorney.

Reasons To Sue a Drug Company

Talking with an attorney can help you understand your case. They may also have knowledge if yours is a known issue, which could lead to a class action lawsuit, or if you have a strong case on your own.

The most common reasons to sue a pharmaceutical manufacturer are:

  • Severe or unexpected side effects (experiencing common side effects will not give you a case unless they are atypically severe)
  • Severe withdrawal symptoms
  • "Serotonin syndrome"
  • Faulty product testing or clinical trials
  • Birth defects such as persistent pulmonary hypertension
  • Misprescribed medications
  • Health or mental health issues after a current medicine's discontinuation
  • Suicidal thoughts, mood swings, or the wrongful death of a loved one
  • Blood pressure or increased heart rate
  • Nerve pain or paresthesia (tingling "zaps" or electric pins and needles sensation)
  • Neuropathic pain or migraines
  • Severe liver damage

Some side effects are extremely frustrating but might not win you a lawsuit, such as weight gain or worsening depression, because they are warned-against side effects of medication.

The following lists of articles can help you get more informed about your medication and possible lawsuits, as well as useful legal information about anxiety and depression.

Mental Health Medications 101:

Mental Health Medication Lawsuits:

Antidepressants and Birth:

Anxiety Basics and Anxiety Medication:

Speak with an attorney focused on medical malpractice or product liability if you think you have an antidepressant liability case.

Next Steps

Contact a qualified product liability attorney to make sure your rights are protected.

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