possible bad medication on the market could have caused my mothers death july of last year causing her to have a major heart attack

walmart sent out a letter to mother last month to inform her to stop taking a medication that was taken off the market because it was causing several side effects and some deaths she was 66 years of age and was taking this medication for her heart can you tell me what info i’d need to go after this company who made the **** of if i even have a chance of this case thanks

Asked on June 8, 2009 under Accident Law, Arkansas

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

From what you are telling me, it sounds like you might have a very good case.  You should find a good personal injury lawyer in your area, and let him review as much of the facts as you have at this point, including that letter.  One place to look for qualified attorneys is our website, http://attorneypages.com

In fact, suits like this are not uncommon.  They are based on a legal theory of strict liability, where the manufacturer of a product with a defect that makes it unreasonably dangerous does not have to be proved negligent.  The defect, the injury, and the causal connection between the two, is essentially all that has to be proved to establish liability.

When you find an attorney to take this case, he or she will do most of the work collecting the necessary medical records.  For right now, the letter, and a copy of your mother's death certificate, should be enough to get the process started.


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