Determining Eligibility For a Propecia Lawsuit
Propecia (finasteride) was approved for the treatment of male hair loss in 1997. For men worried about going bald, Propecia seemed like the answer to their prayers. However, many men who have used the drug have suffered side effects such as cognitive impairment, impaired libido, reduced sperm count, or erectile dysfunction from Propecia.
Although the Propecia label assured users that less than 2 percent of men taking the drug experienced Propecia sexual side effects and that these symptoms were temporary and would disappear if the medication were discontinued, a study conducted by Dr. Michael S. Irwig of George Washington University found that in men who suffered such side effects, the side effects persisted for an average of 40 months after they stopped taking Propecia, and 20 percent of the men were still experiencing side effects five years later, which led Dr. Irwig to speculate that their side effects may be permanent.
Many men who have suffered such side effects made the decision to file a Propecia lawsuit. But how do you know if your case merits a lawsuit?
Factors that determine the strength of a Propecia lawsuit
To have a strong case for a lawsuit and receive compensation for injuries, several factors must be present. Of course, the first step is that the claimant must show that he took Propecia and suffered side effects. But simply experiencing side effects after taking a drug is not enough, because it does not prove that the drug CAUSED the side effects. Therefore, the plaintiff’s attorney will need to rule out other potential causes of the symptoms, to show that the side effects were indeed caused by Propecia.
Next, the claimant must assert that he took Propecia properly as prescribed by a physician and followed the directions correctly, and did not take it in a reckless manner. He must also state that if he had known about the potential side effects, he would not have taken the drug.
In addition, the attorney must show evidence that Merck (the manufacturer of Propecia) knew or should have known of the drug’s side effects but did not adequately warn doctors and patients about them.
Lastly, a strong case shows permanent or sustained damage. The largest Propecia settlements have been awarded to men who continued to suffer side effects long after they discontinued using the drug. If a man experienced side effects while taking Propecia, but the problems disappeared as soon as he stopped using it, he is less likely to be awarded a large settlement than a claimant whose side effects have persisted. The fact that the Propecia label still does not warn users that side effects may be permanent makes the case stronger for men whose side effects have persisted despite discontinuing the drug.
Consultation with a knowledgeable Propecia attorney is key
Men who have suffered side effects of Propecia are advised to consult with a knowledgeable attorney who will assess the claimant’s medical history and current condition and evaluate his eligibility to file a lawsuit. If the attorney finds the case to be strong, he or she can pursue litigation to obtain a settlement for the claimant. Read more on contacting a propecia lawyer.
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