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The recent disclosure of the fact that Zantac, a drug known for the treatment of medical conditions such as Gastroesophageal reflux disease (GERD) and overactive stomach acid contains a probable carcinogen is the reason of worry for regular users. Generically known as Ranitidine, the drug was widely used and recommended for patients before this announcement. It contains nitrosodimethylamine (NDMA), which can cause cancer if used for a prolonged period. Since the drug is capable of causing potential harm, it was even pulled from the shelves this year.
And thankfully, you can even file a personal injury lawsuit if you have sustained harm due to Zantac use. Although the case is similar to any other type of personal injury lawsuit, you need to have some facts clear to ensure a favorable verdict. Being well aware is not a choice because you will be pitted against drug manufacturers who would go the extra mile to protect themselves in the court and prove that the drug has nothing to do with your illness. Hiring a Zantac specialist lawyer, therefore, makes sense. Here is all you need to understand before proceeding with such a case.
The risk related to Zantac
Although doctors initially recommended Zantac for a variety of stomach acidity related cases, it has now been found as an unsafe drug. In fact, findings from an FDA investigation indicated that NDMA exposure can elevate the risk of certain types of cancers. These include the cancer of the stomach, esophagus, small intestine, liver, bladder, and colon or rectum. Apart from cancer risk, there are some additional ranitidine side effects such as headaches, abdominal discomfort, vomiting, and nausea. But it is the former that you should be more concerned about.
Having a valid compensation claim
If you end up developing a cancerous condition due to prolonged use of Zantac or a ranitidine product, there is a possibility that you could have a valid Zantac case for claiming monetary damages. Essentially, this would be a defective drug case that comes in the category of a product liability lawsuit. In such cases, the plaintiff can seek compensation for injuries or illnesses which are a result of a defective product, a defective drug in this situation. Obviously, you will need legal help for a Zantac case because linking the disease with a drug you have used for several years is easier said than done. However, you must absolutely get compensation is you have suffered because the money can help in your treatment and reduce the financial strain on your family as well.
Proving a defective drug lawsuit
Once you collaborate with a qualified attorney, they will take the responsibility of preparing a solid case for you. A defective drug lawsuit can be complicated but with the right evidence and strategy, you have a fair chance of getting a settlement value you deserve. The lawyer will focus on proving the following to get you a fair settlement:
- First things first, you need to show that you used the product. Establishing that you used the medication is quite simple if you have proper pharmacy records. In case, you have been buying it over-the-counter, things can get tricky. Still, your attorney will probably validate the fact with receipts, notes of doctor recommendation, and other supporting evidence.
- Secondly, you will have to prove that you developed injuries, in this case, cancer, with the usage of the medication. You will have to give evidence about the type of cancer you developed after taking the product. This can be in the form of your medical and diagnostic reports, along with testimony by a medical expert. And if you are filing a lawsuit on a dead family member’s behalf, you will have to provide an autopsy and death certificate as evidence.
- Most importantly, you will need to show that your cancer has been caused by Zantac. Factors such as the dosage and duration of using the medication and the timing of diagnosis play a significant role in this context. Your chances of establishing the Zantac damage increases with higher frequency and longer duration of the drug use.
Considering these facts, it becomes clear that Zantac lawsuits can be far more complicated than the conventional product liability cases. So you must certainly have an expert lawyer to represent your case and get you a claim value that would cover you for the financial damages, pain and suffering and emotional trauma that the disease can bring. This is something you deserve to get and you should make the best efforts for securing it.