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Is there any legal recourse for long-term side effects from taking Levofloxacin?

Asked by user in Colorado.

I was prescribed Levofloxacin in October of 2019. I immediately noticed that my joints were swollen and hurt in my arms and legs. I quit taking this medicine after 36 hours. Almost 14 months later, I still have constant knee pain and have developed pain in my lower left leg.

Answered by Enjuris Editors:

I’m sorry this is happening to you.

To recover damages for an injury caused by a defective drug, you need to prove that:

  • The drug you took was in a “defective condition” at the time it left the control of the manufacturer or seller, and
  • The defective condition caused your injury.

There are 3 main types of defects:

  1. Manufacturing defect. A defectively manufactured drug is one that—though property designed—left the manufacturer in a condition other than intended (e.g., a drug that became contaminated during the manufacturing of the drug).
  2. Design defect. A defectively designed drug is one that failed to perform as safely as a reasonable person would expect even when used as intended.
  3. Marketing defect. A marketing defect exists if the drug does not contain proper warning or instructions.

A product liability attorney will be able to take a closer look at your case to determine whether the drug you took could be considered defective, or whether you simply suffered known side effects. Most initial consultations are free and you can locate an attorney in your area using our free online directory.

In the meantime, you can read more about pharmaceutical liability in Colorado.

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