Stevens-Johnson syndrome (SJS) is a severe immune reaction to an allergen. These severe attacks can cause significant suffering and financial losses that may justify hiring a Stevens-Johnson syndrome attorney to file a lawsuit against the drug’s manufacturer.
In most cases, the allergen that causes SJS is a medication. However, unlike more familiar allergic reactions triggered by histamines, SJS is connected to problems with leukocytes. The result of the reaction is an untreatable rash that destroys skin cells and mucous membranes.
Pharmaceutical manufacturers are strictly liable for injuries caused by defective drugs. Although strict liability removes the requirement to prove the manufacturer’s knowledge or intent, a Stevens-Johnson syndrome lawyer must still prove several elements to win or settle an SJS claim.
Proving the Cause: Identifying the Trigger for Stevens-Johnson Syndrome
To begin your claim, your lawyer must identify the liable party. This means that your doctors must determine which medication triggered the reaction. In some cases, the identification may be straightforward. If you use only one medication or recently changed to a different medication, it likely caused the reaction.
However, many patients take multiple medications, which means that identifying the specific trigger might be more difficult.
Fortunately, doctors know which medications are most likely to trigger SJS. Some common culprits include the following:
- Anticonvulsants, including carbamazepine
- Antibiotics, particularly sulfa-based antibiotics
- Nonsteroidal anti-inflammatory drugs (NSAIDs), particularly oxicam drugs
- Gout medication, including allopurinol
- Contrast media
Doctors can also use the timing of the outbreak to identify the trigger. SJS outbreaks usually occur a few days to a few weeks after starting a new drug.
Establishing Liability: Was the Medication or Treatment Faulty?
In a strict liability case, you do not need to prove negligence. Instead, your Stevens-Johnson syndrome lawyer must prove only that the product was defective. Examples of defects include:
- Adulterated drugs that contain contaminants that can trigger an outbreak
- Labels that omit ingredients that cause SJS
- Labels that lack warnings about the risk of SJS
Although product liability lawyers do not have to prove negligence, the manufacturer may have acted negligently. For example, a drug manufacturer might have known that a drug could trigger SJS but failed to warn patients.
Proving Causation Between the Drug or Treatment and SJS
Causation is often tricky because doctors cannot expose the injured patient to the suspected trigger just to identify it as the culprit. Instead, a Stevens-Johnson syndrome attorney may rely on expert testimony from their client’s doctor and from medical researchers.
For example, an expert might testify that a particular medication is a likely trigger because it comes from a family of drugs that have triggered SJS in other patients.
Documenting the Extent of the Injury: Medical Evidence and Expert Testimony
The plaintiff’s injuries are critical in determining the compensation they can recover. Serious complications of SJS, like the death of large patches of skin, may justify greater compensation than less severe cases.
Your medical records will explain both the extent of your injuries and the treatments you received. Medical bills will prove the costs you incurred. Testimony from experts will explain the future losses you might suffer due to any ongoing symptoms or long-term treatments you require.
Demonstrating the Impact on the Victim’s Life and Health
In addition to your financial costs, SJS can also erode the quality of your life, causing pain and mental anguish. You might spend weeks in the hospital to prevent infection and wait for dead skin to regrow. Your Stevens-Johnson syndrome attorney can include these non-economic losses in your injury claim.
FAQ
Are Drug Reactions the Only Cause of Stevens-Johnson Syndrome?
Research suggests that infections or other triggers can cause Stevens-Johnson syndrome. However, drug reactions are the primary cause.
What Is the Standard of Proof for a Stevens-Johnson Syndrome Claim?
In a civil case, liability must be proven by a preponderance of the evidence. This means that the evidence must show it is more likely than not that the manufacturer’s drug caused you to develop Stevens-Johnson syndrome.
What Kinds of Compensation Can You Pursue After Proving Losses in a Stevens-Johnson Syndrome Case?
We can recover compensation for economic and non-economic losses. We use financial records, such as medical bills, receipts, and pay stubs, to show your economic losses. We use your testimony to prove your pain and suffering for non-economic losses.
Contact Dunn Sheehan to Learn How We Handle Stevens-Johnson Syndrome Cases
We understand that every case is unique, so we’ll tailor a legal strategy to your particular circumstances. Contact us to learn how we can handle your Stevens-Johnson syndrome case.