What can we do about Lupron Shot
UPDATED: Sep 30, 2022
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What can we do about Lupron Shot
My husband was given a Lupron Shot to combat his prostate cancer. He was set
to have 2 shots however after the first shot left him paralyzed he was advised not
to get the second shot. Lupron is to stop testosterone because cancer feeds off it,
one of the side effects are muscle weakness. However, my husbands condition
has taken a turn for the worst and he is unable to stand or walk there is no muscle
tone left in his legs. He’s went from riding horses to being pushed in a wheelchair.
Is there anything we can do to be compensated for this life changing tragedy?
Asked on March 19, 2016 under Malpractice Law, Virginia
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The issue is whether this was either 1) malpractice or 2) wrongdoing by the pharmaceutical ("pharma") company.
Malpractice: it may be malpractice if the doctor did not advise your husband of the potential side effects; or if there was some reason your husband was more suspectible than most (e.g. maybe a drug interaction with some other medicine he was taking) and the doctor should have checked for this but did not; or there was some other reason why your husband should have been considered a poor candidate for this drug, but the doctor missed it; or the wrong/too large a dose was given to your husband. If something like this occured; then malpractice may have been committed and you may be able to sue for compensation.
Drug problem: if the pharma company hid the side effects, or if this batch was manufactured improperly/defectively, then the pharma company may be liable, and again, you could potentially sue.
However, if neither the doctor nor the drug manufacturer did anything wrong, and it's simply the case that in a small minority of situations, when it appears that this is the right treatment, a patient has a strongly negative reaction, then you most likely cannot sue. The law accepts that the practice of medicine is not perfect and that sometimes bad things happen; so long as everyone took the proper care and did not hide important information, there is generally no liability.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.