With a name that’s difficult to pronounce, cyproheptadine may seem like something from a sci-fi movie. However, cyproheptadine danger is an all-too-real threat to the citizens of Florida and is readily available in weight loss remedies made outside the U.S.
When a medication or other item causes illness, injury, or death, victims and their families can contact a West Palm Beach product liability attorney to seek compensation. When facing this “killer histamine” and the dangers of cyproheptadine, you will need all the legal help you can get. Lytal, Reiter, Smith, Ivey & Fronrath provides the legal help you need.
What is cyproheptadine used for?
Cyproheptadine is recognized by the Food and Drug Administration (FDA) as an antihistamine used to fight inflammatory responses. It is also found in Apetamin, which is manufactured overseas and illegally brought into the country. The FDA has not approved these products and has issued a warning to consumers about taking the medication.
Cyproheptadine is meant to manage the inflammatory symptoms of seasonal, animal, and other allergies. It requires a prescription from a doctor and comes with side effects such as drowsiness and loss of mental acuity. During an overdose, individuals may experience disorientation or hallucinations and could even fall into a coma. The most dangerous outcome of a cyproheptadine overdose is death.
Is cyproheptadine safe?
When used properly, with a legal prescription, and according to your doctor’s orders, cyproheptadine is safe. Taking excessive amounts can lead to injury or death. Since drugs like Apetamin are not manufactured under the control of the FDA, there is no guarantee of quality, safety, or effectiveness.
In addition, the FDA description for cyproheptadine expressly states that the drug “should not be used in newborn or premature infants.” Yet, the Broward Sheriff’s Office (BSO) has recently investigated the death of a child who suffered an overdose of cyproheptadine. How the child ingested this drug is still under investigation, but the death has been ruled a homicide by the Broward County medical examiner.
The Centers for Disease Prevention and Control (CDC) examined data from the State Unintentional Drug Overdose Reporting System (SUDORS) and found that almost 15% of overdose-related deaths involved antihistamines. While cyproheptadine deaths were just part of the over 92,000 fatalities reported in this analysis, the risk of this drug to the citizens of Florida cannot be underestimated.
What can you do if you suffer illness or injury from a drug like cyproheptadine?
When you or a loved one has been injured or made sick by a medication or other consumer item, you may be eligible to pursue a product liability lawsuit. Manufacturers, designers, distributors, and vendors have a responsibility to protect the public from any harmful effects of their products. This is one of the areas the FDA manages.
While a drug like Apetamin is not under the jurisdiction of the FDA, those who bring it into the country and sell it are. Identifying who is liable in a case like this can be complicated and difficult. It isn’t something you’re likely able to do by yourself. You will need a team of professionals who are skilled in researching supply chains and interpreting the law to your advantage.
With robust evidence and a strong case, you can seek compensation for your damages. This includes your medical expenses, lost income, potential life-long treatment needs, and your emotional distress. Each case is unique, but if a single manufacturer or vendor has affected thousands or millions of people, you could receive a large settlement or jury verdict.
Determining negligence in a product liability lawsuit for cyproheptadine
If you can bring a lawsuit against the manufacturer or seller who supplied the cyproheptadine drug that caused you harm, your product liability attorney will need to show evidence proving the following four elements:
- The defendant owed you and others a duty of care to provide a safe, effective product with appropriate warnings and information.
- The defendant failed to uphold their duty of care by manufacturing, selling, or marketing a harmful substance.
- You suffered illness, injury, or death of a loved one as a direct result of the defendant’s actions or inactions.
- You have expenses (damages) associated with your injury, illness, or death that must be compensated.
When your lawyer has proven negligence, you are more likely to secure the justice and financial relief you deserve. You may win your damages as well as punitive damages when the defendant’s actions were grossly negligent. Punitive damages are decided only by the judge and are given only in special circumstances.
Discover more about product liability and cyproheptadine overdose cases
If you believe you have a valid claim for damages against a maker of antihistamine products such as cyproheptadine or Apetamine, you must speak with a legal advocate to understand your options. Our compassionate, experienced, and dedicated team of attorneys at Lytal, Reiter, Smith, Ivey & Fronrath are ready to listen to your circumstances during a free initial consultation.
Contact us by calling (561) 655-1990 or through our online form to schedule a meeting today.