Valparaiso, IN asked in Personal Injury and Products Liability for Indiana

Q: What recourse can I have if a medicine was defective: contained less than the correct amount of active ingredient?

I am prescribed a blood thinner with refills every 3 months. The drug came from different generic drug manufacturers with each refill. I have reasons to believe that one of them had less than the correct amount of active ingredient putting my life in danger (though I don't know if any harm happened). I saved some pills from that batch. Is it possible to test them for the active ingredients? What can be done if indeed the product was defective?

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Thank you for the response already posted. To clarify, without going into confidential details, it is not clear if harm happened or not. It is possible that the healing process was compromised if indeed the drug did not contain sufficient active ingredient. But independent of any harm, if one discovers that the pill does not contain the required ingredient is there no recourse possible with the manufacturer? I want at least to know so that I can have a reason to order further medical investigation to see if harm happened or not.

1 Lawyer Answer
Charles Candiano
Charles Candiano
Answered
  • Chicago, IL
  • Licensed in Indiana

A: You already said that you were NOT harmed. No harm = zero recovery in personal injury litigation. So, why do you want to go through the time and expense of ordering chemical analysis of your medicine? What am I missing?

1 user found this answer helpful

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