One of the most important aspects of a Drug Injury lawsuit is in the discovery phase, which in short is the waiting time before the defendant is able to answer the allegations. In the case of Chantix and its generic, VigRx plus, both plaintiffs and defendants have more than a few months before they are able to answer the complaint. It is during this discovery phase that one must be prepared for all possible defenses. One such defense that may be used by the defendant is that they were not advised of the potential side effects of taking the drug, which is always an argument that many people make in their defense against liability.
When you consider that it is commonly believed that physicians never tell their patients about potential risks, one can understand how Chantix and VigRx could be giving away free. There has been a great marketing, especially on the internet, of over the counter drugs that are supposed to give a ‘quick pick-me-up’ to those who are feeling run down or tired. VigRx Plus, in addition to containing melatonin, does indeed contain ingredients which are said to help with insomnia. However, insomnia is not one of the typical sleep problems that are routinely diagnosed as being caused by taking in too much caffeine, as is often the case. Those who suffer from insomnia are also not generally those who are looking for insomnia relief. So, the timing of when this particular drug was packed into bulk order agreements is quite curious.
There is no doubt that Chantix and VigRx Plus are powerful drugs. However, there is reason to believe that they should not be considered so powerful as to result in causing severe side effects. The effects that are attributed to VigRx Plus and Chantix are known sedative effects, which are likely to impair the patient’s ability to think, process information, or maintain clear thinking. There is also reason to believe that a patient might suffer from respiratory depression as a result of taking VigRx Plus.
This brings us to another defense in which some drug manufacturers are attempting to use in their Chantix lawsuit. Some drug manufacturers argue that they did not know about the cardiovascular side effects that resulted from taking VigRx Plus, until their own employees experienced these symptoms themselves. They were fired, and since the employer was aware of the potential risks, they decided to replace the employees with more qualified workers. Chantix was added later, at the request of the company’s employees, following an employee recall, which was itself a direct result of VigRx Plus. Thus, while there may have been an awareness among the drug companies that VigRx Plus posed a risk to the heart, it is irrelevant, legally speaking, because neither the drug manufacturers nor the drug itself knew about the cardiac side effects, which occurred long before Chantix was introduced.
There are other legal maneuvers which, though they are less well known, may be equally destructive to the Chantix lawsuit. For instance, there is an argument that asserts that the manufacturer knowingly advertised VigRx Plus, knowing that it was unsafe. If this is true, then any evidence of this kind, whether in the form of depositions or medical records, will become a matter of public record, and thus subject to discovery. Discovery is designed to facilitate the ability of a party to litigate its case, and to obtain the truth about its claims.
However, if Chantix caused wrongful death or severe injury to one of its users, then the responsible party, whether through deliberate intent or not, will be liable for such actions. This is particularly the case if, as is often the case in lawsuits of this type, the harm was foreseeable. Such actions, if proven, can result in serious monetary damages. So, for the sake of all parties involved, it is always a good idea to retain the services of a competent attorney to handle such cases from the very start. This way, when all is said and done, the only victor in a Chantix lawsuit is the defendant – the manufacturer of Chantix, not the drug-inflicted victim.