Can I Sue My Depression or Anxiety Medication?
By Christie Nicholson, J.D. | Legally reviewed by Oni Harton, J.D. | Last reviewed January 17, 2024
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Some drugs are inherently safe but carry a risk of severe side effects. Many product liability lawsuits involve dangerous drugs. If you become sick after taking your antidepressant or anti-anxiety medication, you may have a legal claim.
Before you decide that suing is the best option, several factors must be considered. Here, we'll explain when it makes sense to sue the company that manufactures your medication. We'll also describe the scenarios that present legal issues regarding your medical treatment.
Legal Issues With Your Medication
Most people with severe mental health conditions manage them with medications. Some people take antipsychotic drugs, while others take antidepressants or medicines to help with their anxiety disorder. For the most part, patients take these medications without issue. Other times, patients experience adverse health consequences that require legal action.
Many dangerous drug lawsuits involve the following:
- Misdiagnosis by your medical professional
- Medical malpractice from prescribing off-label medication uses
- Product liability from a defective or dangerous medication
- Wrong or inadequate warnings by your healthcare provider
- Drug manufacturers who don't warn patients and healthcare professionals about a medication's side effects
Of course, this list is not exhaustive. There are other situations in which you may need to take legal action. For example, your family member may become sick after taking medication for bipolar disorder, or a doctor may prescribe a patient medication for post-traumatic stress disorder, not realizing that the person is taking other drugs.
If you suffer adverse health problems after taking your antidepressant or anti-anxiety drug, you may have a legal claim.
The FDA Regulates Medications
The U.S. Food and Drug Administration (FDA) tests and monitors prescription drugs. The FDA sometimes recalls specific medications due to adverse reactions and severe side effects.
The FDA controls how a drugmaker markets off-label uses for their drugs. For instance, the FDA may allow a company to market a drug for schizophrenia to people suffering from major depressive disorder. There's always the chance that when a doctor prescribes a drug for off-label use, it can cause physical harm or mental anguish.
When it comes to psychiatric medications, one of the common off-label uses involves selective serotonin reuptake inhibitors (SSRI). These medications, along with serotonin-norepinephrine reuptake inhibitors (SNRI), are often given to patients with insomnia or fibromyalgia.
Reasons To Sue a Drug Company
Pharmaceutical companies are no strangers to lawsuits. This should come as no surprise. All drugs have potential health risks. When a patient becomes sick after using a particular drug, they may decide to sue the drug manufacturer.
The most common reasons people sue a pharmaceutical manufacturer include:
- 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
- Congenital disabilities 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
- Neuropathic pain or migraines
- Severe liver damage
Some side effects are highly frustrating but don't warrant a lawsuit. For example, you may gain weight or find your depression worsening. If the drugmaker warned about these side effects, there's a good chance you won't have a viable claim.
Types of Lawsuits You May File
If you become ill after taking your antidepressant or anxiety medication, you have options. If your illness is severe, you may wish to sue the drug manufacturer. In some cases, you may need to sue your mental health professional. It all depends on the facts of your case.
Two types of lawsuits apply to this situation. The first is a product liability lawsuit. In this type of case, you will sue the drug manufacturer and other supply chain members. This may include some or all of the following parties:
- Drugmaker
- Distributor
- Retailer
- Pharmacy
The basis of a product liability case is that the drug was dangerous or defective. You must also prove that this defect or danger is responsible for your physical injury.
The second type of lawsuit patients file is a medical malpractice lawsuit. In these cases, the plaintiff alleges that their doctor failed to warn them of the risks of the medication.
Your personal injury lawyer may argue any of the following:
- Your doctor misdiagnosed your condition, thereby causing you injury
- Your physician didn't check to see if the medication would negatively interact with other drugs you're taking
- Your mental health professional failed to investigate the possibility of an allergic reaction
Regardless of the specific facts of your case, your attorney must prove your doctor's negligence. Typically, your lawyer will file a claim with the doctor's malpractice insurance company. If the insurance carrier refuses to pay your claim, you may need to sue the doctor in addition to the hospital or clinic where they work.
What Damages Will Your Personal Injury Lawyer Demand?
When your attorney files your initial complaint, they must include a claim for damages. This may consist of economic and non-economic damages. For each type of damages listed on your complaint, your attorney must submit specific evidence supporting your claim.
Most dangerous drug lawsuits include a demand for the following types of damages:
- Medical bills and future medical expenses
- Lost wages and lost future income
- Pain and suffering
- Emotional distress and mental anguish
- Funeral and burial expenses if your loved one dies from a dangerous drug
Each case is unique. It's best to consult an experienced personal injury attorney before commencing any legal action.
Consult an Attorney Before Taking Legal Action
Once you decide to sue, you'll want to meet with an experienced medical malpractice or product liability attorney. They'll review your claim and let you know how best to proceed. Most attorneys offer new clients a free case evaluation. Take advantage of this opportunity and find out what your legal options are.
Antidepressants and Birth:
Anxiety Basics and Anxiety Medication:
Next Steps
Contact a qualified product liability attorney to make sure your rights are protected.