When I was 4 months pregnant I had horrible migraine headaches. I was prescribed fioricet by my OB but my neurologist said it wasn't safe and said Vicodin was a safer option. I took Vicodin from 4 months pregnancy until my son was 8 months. From the time I started taking Vicodin I lost my desire to have sex and was depressed but at the time I had no idea what was causing it. I thought I felt this way because I was pregnant but after I had my baby the problem worsened and my loss of sex drive caused problems between me and my husband to the point that he left me and my son because of the fact that I had lost my desire to have sex. I've lost my marriage and everything I had built and hoped for. Do I have a right to sue my neurologist since he never advised me of this side effect?
Family Law Attorney
First, this probably isn't the right area to post your question (you're talking about medical malpractice). But, that said, I don't think you'll get very far with your case. Your ex chose to leave you. That's not the doctor's fault. Additionally, lack of energy, lethargy, and loss of sex drive are known side effects of Vicodin - I'm pretty sure it's listed on the drug packaging as known issues. So, the fact that you didn't read the information given to you cuts against you. Next, you aren't "injured" in the traditional sense - you've suffered no physical injuries and your divorce, while painful, is due to your ex's (and your) inability to make the relationship work. What was the doctor supposed to do? Leave you with "horrible migraine headaches"? If his medical advice was medically sound, then you're not going to get anywhere suing him.
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I do not think you have a very viable claim against the neurologist, even if he didn't warn you of this possible side effect. You would be opening up an extreme can of worms here, if you allege that the sole cause of your divorce was you taking Vicodin and losing your sex drive. There is usually more than one cause of a breakup and, believe me, the defense would pour through your background and your husband's background with a fine tooth comb, looking for anything and everything else that can be blamed for breakup. You don't need that kind of heartache. If you have not already done so, you should secure a child support order against your husband and make sure that he is adequately taking care of his child.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
I am sorry to hear about your marriage. There are so many issues that go into the loss of the marriage and side effects from popular drugs that it is highly unlikely that you would be able to convince a jury hearing Virginia that the sole reason (or even a major reason) of the loss of your marriage is due to the drug. In addition to what the other attorney posting an answer here noted, I also note that nearly all of the symptoms that you report are also symptoms of having a new baby in the house.
I have attached a link to a short video that talks about malpractice cases in Virginia. I hope this helps.