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So now you can sue the drug company who cured your cancer

Posted on 9/19/16 at 7:59 am
Posted by shiftworker
LP
Member since Dec 2011
5374 posts
Posted on 9/19/16 at 7:59 am
because they MAY have caused permanent hair loss. Unreal.
Posted by Navajo61490
Baton rouge
Member since Dec 2011
6888 posts
Posted on 9/19/16 at 8:01 am to
Posted by Napoleon
Kenna
Member since Dec 2007
74865 posts
Posted on 9/19/16 at 8:04 am to
Hypothetical question, should companies have no repercussions for side effects?

Though IMO this is odd, some people just don't grow hair back after chemo.

This post was edited on 9/19/16 at 1:23 pm
Posted by Cracker
in a box
Member since Nov 2009
19317 posts
Posted on 9/19/16 at 8:04 am to
This will never ever see a court room
Posted by Tshiz
Idaho
Member since Jul 2013
7974 posts
Posted on 9/19/16 at 8:06 am to
quote:

should companies have no repercussions for side effects?



Well idk let me think, live with no hair....or die.

It's a toughy
Posted by shiftworker
LP
Member since Dec 2011
5374 posts
Posted on 9/19/16 at 8:06 am to
If it were you and the options were a cancer free Naploeon or a hair free Napoleon what would you choose?

Maybe you don't mind the idea of a long dirt nap.
Posted by Scooba
Member since Jun 2013
20027 posts
Posted on 9/19/16 at 8:10 am to
quote:

should companies have no repercussions for side effects?


If it's approved by the FDA and you are not FORCED to take the medication... then why should the drug company be liable?

The only way I could see this being a case is if it were a major side effect that was found in the original studies but not reported or claimed on the commercials/packaging.
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
76373 posts
Posted on 9/19/16 at 8:18 am to
You're right, we should throw out all semblance of common sense. I do not understand society, we were given a brain to make decisions with, but we are getting closer and closer to just trying to say every situation is similar.

If they took a cancer drug that saved them but gave them a deadleg for the rest of their life? Yeah I can see suing over that. A drug that saved a life but made them blind? Yet again, logically makes sense.

But hair. WE ARE TALKING ABOUT LOSING HAIR.
This post was edited on 9/19/16 at 8:19 am
Posted by OlGrandad
Member since Oct 2009
4694 posts
Posted on 9/19/16 at 9:46 am to
If you know some older doctors ask them about DES,Diethylstilbestrol.

Used to prevent miscarriage in high risk patients in the late 30s through the late 60s.

I had a doctor friend tell me the baby showed up 30 years later with a lawsuit against him.
Posted by TigerSaints318
Shreveport
Member since Dec 2009
1815 posts
Posted on 9/19/16 at 10:08 am to
Yea, my fiance that just got through with chemo from breast cancer saw that commercial and freaked out about her hair not growing back.
Posted by Hog on the Hill
AR
Member since Jun 2009
13494 posts
Posted on 9/19/16 at 10:15 am to
quote:


But hair. WE ARE TALKING ABOUT LOSING HAIR.
What if it gave you serious acne for the rest of your life, or changed the color of your skin to something unusual? What if it made women grow thick facial hair, or made men grow breast tissue?

At some point, adverse cosmetic effects become a serious problem because of the way it can affect a person's self-esteem and quality of life. People do get judged based on their appearance, and there is plenty of evidence to show that people who are more attractive have certain advantages over less attractive people.

Bottom line: if the side effect causes damage to a person, whether it's physical or psychological, then you can sue for damages. It's a tautology.

I think the key is not that side effects occur, but that consumers/patients were not adequately advised of the risks of side effects. I'm not very familiar with the case the OP is talking about, but I'd imagine the case hinges on lack of information regarding side effects rather than the side effects themselves. Lots of drugs and treatments have serious side effects that are arguably much worse than hair loss, but people can't sue over those as long as they've been properly advised about the risks of those side effects. Normally, a doctor obtains informed consent from their patients before going forward with a course of treatment. A patient will have a hard time suing if they've given informed consent.
This post was edited on 9/19/16 at 10:21 am
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
45503 posts
Posted on 9/19/16 at 10:20 am to
Thanks for making chemo more expensive for everyone that needs it in the future.
Posted by Hog on the Hill
AR
Member since Jun 2009
13494 posts
Posted on 9/19/16 at 10:23 am to
So I looked it up, and I was right: the people who took the drug are suing because they claim the drug company failed to warm them about, and even covered up, the risk of permanent hair loss.

This is really about informed consent. Every patient has the right to know what risks a course of treatment will have for them, and they have the right to seek damages when they suffer side effects that they were not adequately informed about prior to treatment.
This post was edited on 9/19/16 at 10:24 am
Posted by shiftworker
LP
Member since Dec 2011
5374 posts
Posted on 9/19/16 at 10:32 am to
And you told your fiancé that you aren't marrying her hair and couldn't marry her corpse......right?
Posted by TigerSaints318
Shreveport
Member since Dec 2009
1815 posts
Posted on 9/19/16 at 10:41 am to
It's taken a lot of reassurance that I still love her even if she is bald. Another poster was right, it's a big self esteem issue for women to lose their hair.

In our case the oncologist was clear that the drugs would cause temporary hair loss, I don't recall any mention of possibility of permanent hair loss. Fortunately hers is slowly growing back and everyone I've met that has gone through the process has regained their hair.
Posted by CorkSoaker
Member since Oct 2008
9823 posts
Posted on 9/19/16 at 12:03 pm to
You dont have to take the mess if you don't want.
Posted by Scooba
Member since Jun 2013
20027 posts
Posted on 9/19/16 at 12:29 pm to
quote:

You dont have to take the mess if you don't want.
Posted by SabiDojo
Open to any suggestions.
Member since Nov 2010
84834 posts
Posted on 9/19/16 at 12:39 pm to
Uh yeah. As they should be.
Posted by Poodlebrain
Way Right of Rex
Member since Jan 2004
19860 posts
Posted on 9/19/16 at 1:07 pm to
quote:

At some point, adverse cosmetic effects become a serious problem because of the way it can affect a person's self-esteem and quality of life
Fine, but the value of a person's quality of life is intrinsically less than the value of life itself. As such the value of the adverse cosmetic effects should not exceed the value of the drugs NECESSARY to preserve life. Do you think any attorney would represent a cancer survivor knowing the maximum damages recoverable are less than the cost of the drugs that caused the adverse cosmetic effects?
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