A Brief Guide to Filing a Triaminic Lawsuit:
What is Triaminic?
Triaminic is an over-the-counter antihistamine that relieves the symptoms associated with the common cold (watery eyes, sneezing and nasal congestion). Triaminic, which is available in liquid form, originally hit the market as a nasal strip to quell congestion in child patients; however, this medication was eventually discontinued because of misuse—currently only the Syrup version of Triaminic is available in the United States.
Because the drug is a common cold medication the presence of severe Triaminic side effects are rare. As a result, there are no landmark or notable lawsuits filed against Novartis—the drug’s manufacturer.
Dangerous Triaminic side effects can be expected if the medication is used in excess of the product instructions—adherence to prescription or product information greatly mitigates Triaminic side effects. As stated above, the company in 2006 recalled the Triaminic patch that was administered via the throat. This recall was prompted by children patient’s proclivity to ingest the patch. Ingesting the patch-form of the medication greatly increased the risk of seizures and other dangerous Triaminic side effects. However, because the patch was misused, Novartis was free from liability.
Triaminic Lawsuit History:
In 2007, a Triaminic lawsuit was filed by a California woman seeking damages on the grounds that the medication did not work. The terms of her claim for a Triaminic settlement were not sound and were eventually dismissed by the judge. Among other weaknesses in her Triaminic lawsuit, the woman failed to prove that her children actually took the medication or suffered any harm from it. The sole basis of her Triaminic lawsuit instead stated that the medication was not safe for children under the age of six.
In dismissing this Triaminic lawsuit, the judge made note of the lack of claims regarding Triaminic side effects. Additionally, it noted that the claim for a Triaminic settlement was weakened by a lack of detail concerning when the manufacturer should have promulgated the drug's alleged lack of efficacy.
Provided the medication is used as directed, there is no reason to expect a development of Triaminic side effects. Also, because the medication lacks significant side effects, the formation of sound Triaminic lawsuits is unlikely. If an individual did develop severe, under-reported side effects, the Triaminic lawsuit would have to affirm the link between the drug and the reported effects.
Aside from filing Triaminic lawsuits, you should contact the FDA to formally report the presence of Triaminic side effects. To build a sound Triaminic lawsuit you must procure all physician records demonstrating the presence of severe side effects.
An attorney experienced in pharmaceutical or personal injury law should evaluate your prospective Triaminic lawsuit. After reviewing your Triaminic lawsuit, the attorney can determine the validity and expected outcome of your claim. Keep in mind that if your child experiences adverse Triaminic side effects as the result of taking an excess of the medication, the manufacturer is not responsible.
Sources:
1. http://www.fda.gov/Drugs/DrugSafety/PostmarketDrugSafetyInformationforPatientsandProviders/
DrugSafetyInformationforHeathcareProfessionals/PublicHealthAdvisories/ucm051296.htm