Liver Damage Lawsuit - When Supplements Cause Harm
The filing of a liver damage lawsuit is often due to injuries caused by a drug and/or dietary supplement. That’s not surprising considering drug induced liver injury (DILI) is the cause of most fatal acute liver failures, according to a recent report, and a serious health threat.
That initial report of a study of DILI was published in Gastroenterology, the American Gastroenterological Association Institute’s official journal. While the study shows that a large percentage of DILI cases are caused by a prescription medication, a number of cases were found to be caused by dietary supplements, which are usually considered safe by consumers. Diet and workout supplements account for a majority of those DILI cases, according to the report.
What are Dietary Supplements?
Dietary supplements, also called health supplements, can include vitamins, minerals and more, and are classified under foods rather than drugs. The Dietary Supplement Health and Education Act, signed into law in 1994, defines a dietary supplement as a product that, when ingested, is meant to supplement the consumer's diet. The product must be labeled a "dietary supplement" and cannot be marketed as food to be consumed as a complete meal. It must be intended for consumption by mouth in the form of a pill, capsule, liquid or powder, and it must contain one or more dietary ingredients such as a vitamin, herb, mineral, amino acid, etc.
Millions of consumers regularly use dietary supplements, including diet and workout supplements, and believe they are safe products made with "natural" ingredients. Yet, a number of problems with supplements do exist.
Dietary Supplement Side Effects
Dietary supplement side effects can range from sweating and nausea to heart, kidney and liver failure. Side effects can be unnoticed in some individuals, whereas use of the same dose or serving might cause serious damage to someone else, so just because a friend used a supplement without problems does not mean you can do the same. Freely using dietary supplements without first checking with a physician can be hazardous to your health and, in some cases, deadly.
Liability in a Liver Damage Lawsuit
Although dietary supplements are not bound by the same federal regulations prescription and over-the-counter drugs must adhere to, they can be removed from the market if proved to pose a risk to consumers or if marketed with misinformation. Before taking action, however, the US Food and Drug Administration must show the product is unreasonably dangerous or improperly marketed. By law, the manufacturer and distributor of the supplements can be held liable when injuries occur due to product usage, even if the product remains on the market and is considered by many to be safe.
If you believe a dietary supplement caused liver damage, whether due to the product being defective or having improper labeling, you should discuss your options for a lawsuit with an attorney. Even if a supplement is proven to be safe when used with caution various other factors such as dosage recommendations (or lack thereof) and risks of interactions with other supplements or drugs can cause a supplement to be found defective in a liver damage lawsuit.
When considering a lawsuit, keep in mind that your state’s statue of limitations will apply. That means you have limited time to file a claim.
An attorney can help determine if you have grounds to file a liver damage lawsuit and explain what will be needed to win the case. He or she should also investigate your claim and be able to help you gather and secure ample supporting evidence.
The Gibson Law Firm Can Help
The Gibson Law Firm in Houston, Texas investigates claims of injuries resulting from the use of dietary supplements. If you believe you or a family member suffered injury due to the use of a supplement and you would like to discuss the possibility of a liver damage lawsuit in Texas, contact the Gibson Law Firm immediately at 713-650-1010 or Toll Free at 1-866-JAGFIRM. A free consultation will be provided without obligation.