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Drug Reaction Suit Dismissed for Lack of Causation
The plaintiff was prescribed Symmetrel, to which he had a reaction that required hospitalization; later he had two strokes, which he attributed to the drug. The plaintiff failed to establish a triable issue as to causation, since the prescribing doctor now says that his symptoms and complaints were unrelated to the medication, and hearsay about what the hospital doctors said is not admissible. There is only one notation in his medical records that the drug "possibly" caused the adverse effects.
Even if the drug caused the plaintiff's problems, relying on the medication was appropriate because the drug is commonly prescribed for treatment of flu. The doctor's failure to examine the pliantiff before prescribing the drug, to screen him for drug allergies, or to monitor him for adverse reactions "amounted, at worst, to medical malpractice." (812) See: Burrell v. Datta, 17 F.Supp.2d 810 (C.D.Ill. 1998).
Even if the drug caused the plaintiff's problems, relying on the medication was appropriate because the drug is commonly prescribed for treatment of flu. The doctor's failure to examine the pliantiff before prescribing the drug, to screen him for drug allergies, or to monitor him for adverse reactions "amounted, at worst, to medical malpractice." (812) See: Burrell v. Datta, 17 F.Supp.2d 810 (C.D.Ill. 1998).
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Related legal case
Burrell v. Datta
| Year | 1998 |
|---|---|
| Cite | 17 F.Supp.2d 810 (C.D.Ill. 1998) |
| Level | District Court |
| Injunction Status | N/A |