Addicted to "Opioids" in Nevada?
How to file a lawsuit

People who developed an addiction to prescription opioid medications such as OxyContin, Percocet, Vicodin, Percodan, and Demerol may be able to sue the drug manufacturers for negligence. Possible compensatory damages that victims may be able to recover include:

It seems every day the headlines are dominated by stories of America's opioid epidemic. Victims are encouraged to seek help at the Seven Hills Hospital Opioid Addiction Treatment Center or other rehabilitation programs.

In this article, our Las Vegas personal injury attorneys answer frequently-asked-questions about Opioid lawsuits in Nevada, including bringing negligence claims, the plaintiff's burden of proof, and the statute of limitations for bringing a negligence claim. Click on a topic to jump to that section:

Opioid 20crisis
Opioid medications can be highly addictive and derail the patient's life.

1. What can I do if I got an addiction to opioids in Las Vegas, Nevada?

Patients who were prescribed and then became addicted to opioids in Nevada may have the legal basis to file a negligence lawsuit against the specific drug's manufacturer. In order to win a negligence lawsuit, the plaintiff (victim) needs to show these four elements:

  1. The plaintiff was owed a "duty of care" by the defendant;
  2. The defendant fell short of meeting this duty of care;
  3. Th plaintiff was injured by this "breach of duty of care"; and
  4. This injury resulted in damages.1

So in a negligence lawsuit against a drug manufacturer, the plaintiff could claim that the manufacturer neglected to disclose the drug's addiction risks. Note that plaintiffs may also be able to sue drug manufacturers for "public nuisance" as well as RICO violations.

1.1. Injuries

The central risk of taking opioid medications is developing an addiction. Addictions can adversely affect every aspect of the addict's life including his/her health, livelihood, and relationships.2

2. What money can I get?

Plaintiffs bringing a negligence lawsuit in Nevada seek compensatory damages for the following:

  1. doctor's bills, including opioid rehabilitation programs,
  2. Pain and suffering arising from the opioid addiction,
  3. Lost wages from not being able to work due to an opioid addiction, and/or
  4. Loss of future earnings while the plaintiff is unable to work or unable to get a job due to the opioid addiction

In some cases, the plaintiff may also be able to fight for punitive damages.

3. Whom can I sue?

One clear defendant in opioid cases is the manufacturer of the specific opioid that the plaintiff took. Some of the biggest drug manufacturers include Purdue Pharma (OxyContin), Endo Pharmaceuticals (Percocet, Percodan), AbbVie Inc. (Vicodin), and Validus Pharmaceuticals (Demerol).

4. How do I prove my claim?

Every case is fact-specific, but in general opioid cases involve the following evidence:

  • Records of the plaintiff's medical history that show his/her addiction began after taking opioids
  • Testimony given by witnesses with expertise on opiate addiction
  • Opioid advertisements that do not disclose addiction as a risk

Note that the plaintiff's burden of proof in Nevada negligence cases is "preponderance of the evidence." This means that the plaintiff has the onus to prove that "it is more likely than not" that the defendant was responsible. For more information, see our article on proving negligence in Nevada.

5. When can I sue?

Pill 20bottle

Once a patient becomes addicted, he/she has two (2) years to bring a negligence lawsuit in Nevada.3

6. What are opioids used for?

Opioid medications are prescribed as painkillers, often after a surgery or accident. Examples include oxycodone, methadone, morphine, Buprenorphine, and hydrocodone.4

7. Have opioids been recalled?

There have been occasional recalls of certain lots of opioids, such as due to a defective container. And the FDA requested that opioid medication Opana ER be taken off the market.5

8. Resources

Call a Nevada personal injury attorney...

Have you become addicted to opioid medication that your doctor prescribed? Phone us at 702-DEFENSE (702-333-3673) to consult free of charge. Our Las Vegas personal injury attorneys may be able to recover a hefty financial settlement to pay for all of your expenses, even pain and suffering. There is zero risk because we do not get paid unless we win your case.

Legal References:

Free attorney consultations...

The attorneys at Shouse Law Group bring more than 100 years collective experience fighting for individuals. We're ready to fight for you. Call us 24 hours a day, 365 days a year at 855-LAW-FIRM for a free case evaluation.

Regain peace of mind...

Shouse Law Defense Group has multiple locations throughout California. Click Office Locations to find out which office is right for you.

Office Locations

Shouse Law Group has multiple locations all across California, Nevada, and Colorado. Click Office Locations to find out which office is right for you.

Call us 24/7 (855) 396-0370