Young people in Nevada who experienced extreme suicidal thoughts from taking ADD/ADHD medication Concerta (methylphenidate) may be able to sue Janssen Pharmaceutical for negligence. The drug manufacturer might be on the hook for compensatory damages to cover:
- hospital bills and therapy,
- lost earnings,
- loss of future earnings,
- pain and suffering, and/or
- wrongful death
Nevada law allows personal injury victims two (2) years after being injured to commence a negligence suit.
In this article, our Las Vegas personal injury attorneys answer frequently-asked-questions about Nevada Concerta lawsuits, including negligence claims, standards of proof, and statutes of limitations. Click on a topic to jump to that section:
- 1. What can I do if I got injured by Concerta in Las Vegas, NV?
- 2. What money can I get?
- 3. Whom can I sue?
- 4. How do I prove my claim?
- 5. When can I sue?
- 6. Should I file my lawsuit in state court or join a federal class action?
- 7. What is Concerta used for?
- 8. Has Concerta been recalled?
- 9. Resources
- 10. Related "mass tort" drug litigation in Nevada
1. What can I do if I got injured by Concerta in Las Vegas, Nevada?
People who suffered extreme suicidal thoughts from taking Concerta may be able to sue the drug's manufacturer for negligence. In order to prevail in a negligence trial, the plaintiff (victim) has the burden to prove the following four elements:
- The defendant(s) owed the plaintiff a duty of care;
- The defendant(s) breached this duty;
- This breach caused the plaintiff's injury; and
- This injury resulted in damages.
Plaintiffs would argue that the manufacturer was negligence by failing to warn doctors and patients that the drug carries a risk of suicidal thoughts in young people.
The most serious potential Concerta side effect is suicidal thoughts. Children under 21 are especially susceptible to these thoughts.
Other side effects may include:
- depression and/or anxiety
- drug addiction and abuse
- hostility and/or agitation
- strokes and/or heart problems
- trouble sleeping
- psychosis and mania
A successful lawsuit would recover compensatory damages for:
- Medical and psychiatric bills (including as hospital stays and therapy),
- Pain and suffering,
- Lost wages,
- Loss of future earnings, and/or
- Wrongful death (if the victim kills him/herself)
It may also be feasible to sue for punitive damages, which can be far greater than compensatory damages.
Concerta's manufacturer, Janssen Pharmaceutical.
Plaintiffs in personal injury lawsuits have the burden to prove "by a preponderance of the evidence" that the defendant committed a wrong. In short, that it was more likely than not that the defendant was negligent. Helpful evidence would include
- The plaintiff's medical and psychiatric records that exhibit his/her suicidal tendencies
- Expert medical testimony that Concerta caused the plaintiff's suicidality
- Drug marketing materials and drug labels that omit "suicidal tendencies" as a possible side effect.
Read more about proving negligence.
Nevada's statute of limitations for negligence lawsuits is two (2) years. So victims should seek counsel as soon as possible to explore litigation options.
A better strategy for suing drug companies than class actions are multi-district litigations (MDLs). MDLs join all similar lawsuits against the drug manufacturer as an efficient way to decide pretrial matters and entertain early global settlement offers. If there is no settlement agreement, then the cases return to their original local court and continue as an individual case.
It is expected that a Concerta MDL will form soon.
FDA-approved in 2000, Concerta is prescribed to treat ADHD or ADD. Children may be diagnosed with ADD or ADHD if they exhibit the inability to focus, impulsiveness, and hyperactivity.
No. In fact, the drug's warning label in the U.S. does not list suicidal tendencies as a risk.
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Call a Nevada personal injury attorney...
Did taking Concerta make you suicidal? Our Las Vegas personal injury attorneys want to talk to you about getting retribution for your emotional trauma. Contact us at 702-DEFENSE (702-333-3673) for a FREE consultation. You pay us no fee unless we win your case.
- See, e.g. Scialabba v. Brandise Const. Co., 112 Nev. 965, 921 P.2d 928 (1996).
- FDA - Concerta Information.
- NRS 11.190.
- Concerta official site.
- FDA Concerta generics.