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Typically, oral medication drugs may be essential in controlling a variety of medical conditions and the overall well-being of an individual. The failure to take the medicine as prescribed by the doctor can possibly lead to the illness getting worse and, in extreme cases, to death. That’s why if you’ve contracted HIV (human immunodeficiency virus), you may probably rely on the medications prescribed by your doctor to help control your illness and ease living with the said virus. One of the popular medications for HIV is tenofovir disoproxil fumarate (TDF).
By definition, tenofovir disoproxil fumarate (TDF) refers to a drug that may be used for treating HIV patients by helping to keep the virus at bay, allowing them to live more productive lives. However, just like other controversial drugs in the market, TDF under the brand names Truvada, Stribild, Atripla, and Complera, is facing controversies due to the severe side effects suffered by patients taking it for a prolonged period of time. Hence, if you suffered any TDF side effects, you may be entitled to file a lawsuit against the drug manufacturer involved.
Keep reading this article to learn three legal steps to take after suffering from TDF side effects.
Legal Steps to Take After Suffering From TDF Side Effects
1. Hire An Experienced Lawyer
Generally, HIV patients are taking legal action against the drug manufacturer by holding the drug manufacturer accountable for the injuries they sustained as a result of the side effects. Thus, if you believe you were harmed by the side effects associated with taking TDF, it may be a good idea to consult and hire an experienced lawyer to discuss the legal aspect of your situation.
However, unless you’re a legal professional, you may need the services of a lawyer who specializes in handling litigations pertaining to controversial oral drugs. Since huge pharmaceutical companies, like Gilead Sciences, have a team of legal representatives defending them, as well as a considerable amount of financial resources, it’s within your best interest to speak to a lawyer so you can have a strong legal representation.
With their knowledge and skills, they may know exactly what it takes to protect your rights by doing the following:
- Providing valuable legal advice as to the available legal options you can take as the injured HIV victim;
- Preparing all the necessary court paperwork and following all the court procedures, including the adherence to the statute of limitations in your area, which is important in the event you decide to take your case to trial;
- Handling all the communications about your situation, including the negotiations between you and the responsible pharmaceutical company;
- Keeping you up-to-date on the progress of your case.
2. Gather Evidence
Holding the drug manufacturer liable for all the injuries you suffered as a result of the TDF can never be easy. It’s not enough that you say they harmed you but you may need proper documentation and evidence in order to build your case and file a lawsuit successfully. Remember, the more you gather pieces of evidence to support your claim, the better chances you may have of winning the case and getting the compensation you deserve.
So, if you’re an HIV patient who took drugs containing TDF, you may consider collecting the following pieces of evidence to support your claim, increasing your chances of winning the case in your favor:
- Medical records;
- Receipts for the medications and treatment procedures;
- Photos of the injuries sustained;
- Documentation about your mental health and physical pain;
- Proof that your doctor prescribed a TDF drug for a certain period of time;
- Testimonies from medical experts and eyewitnesses;
- Payment records that show lost wages and capacity to earn.
3. File A Lawsuit To Recover Financial Compensation
Another legal step to take if you suffered from TDF side effects, such as kidney or bone problems, is to file a case to recover compensation for all your losses. But to get the most out of your right to pursue a lawsuit against the drug manufacturer, you may need to hire a good lawyer who can handle the lawsuit for you. These legal professionals can represent you in court and help make sure the concerned drug manufacturer would be held liable for the injuries caused by the TDF side effects.
Although the lawsuit can’t bring back your health to what it was before, it may still help you to recover financially. When you file a case in court and win, you may get compensated for the following:
- Past and future medical expenses;
- Lost wages and lost time to work;
- Emotional distress;
- Pain and suffering;
- Loss of enjoyment and many more.
Dealing with the severe TDF side effects can be a frustrating ordeal. On top of your battle to live a normal life despite being an HIV patient, the emotional, financial, mental, and physical consequences of being victimized by a dangerous drug are things you can’t just take for granted.
Therefore, if you suffered injuries caused by the TDF side effects, keep these legal steps in mind so you can protect your legal rights and receive compensation.