Can I sue the tylenol company for causing damage to my liver?

I have been taking tylenol for several years now and did not realize it was doing
any harm to my body. When I went to the doctor just the other day they told me
that the reason I have been having such bad pains in my stomach and problems with
my liver is due to the tylenol. Can I sue the tylenol company for causing me
severe medical complications that may even lead to death if nothing is done about
it?

Asked on April 26, 2016 under Malpractice Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can only sue the drug company if this was an unknown or hidden side effect--i.e. if the failed to warn about it. But if there are warnings about not to take too much or too long or too frequently (as a I believe there are; you should "Google" this to see if such warnings come up), then the drug company did its job: they warned people about a risk. All medicines have some risks and can cause damage if used improperly or excessively; as long as the risks are disclosed, the manufacturer has fulflled its obligation. Then the onus falls on the doctor or consummer or whomever decides to use the medicine, to avoid improper or excessive use.
Furthermore, you cannot sue for what could happen--i.e. complications that "may" lead to death--only for what has in fact actually occured. The law does not provide compensation for hypothetcal harm--only for actual.


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