My wife passed away October 15th. 2008 of a massive stroke. She was on both of the drugs, Coumadin and Warfarin at the time of her death. She was 52 years of age at the time of her death. Because of the drug Coumadin, she could not take the drug to dissolve the blood clot that caused the stroke and in route to Jewish hospital in Louisville, Kentucky, she went into Rapid A-fib causing the blood vessel to rupture causing her death.
I typed “Coumadin” into a legal research database and came up with 648 cases with that word. A quick review shows that some are related to a class action lawsuit where DuPont committed an antitrust violation by propping up its prices in comparison to generic substitutes like Warfarin by lying about Warfarin’s safety. Other cases deal with improper management of Coumadin during different situations. I quit looking after a while. I did not find any cases where a doctor was held to be negligent by not using the clot –dissolving drugs. I did notice several cases that suggested Coumadin takes about five days to metabolize out of the body.
As for your situation, if she was on both Coumadin and Warfarin, I would want to know the doses for each, and her INR results, because they are essentially the same drug. I would want to check out whether she had overdosed. I am also worried that it is too late to sue over this death. I don’t know about Kentucky, but Indiana requires the lawsuit within two years.
You may want to consult with a local experienced attorney to discuss more of the details to see if you have any legal options.
I have taken no action on your problem other than to review your question. I want to confirm that no attorney-client relationship has been created between our firm and you in connection with this matter, and that nothing in this response is legal advice to you. As you may know, the legislature and the courts can change the law in ways that may affect the strength of your case. In addition, the circumstances of your case may change. Because we do not represent you, we cannot keep track of, and inform you about, any change in the law. I must warn you that there are time limits for raising certain claims and defenses. Without taking more time to review your case, this firm cannot properly advise about those deadlines. You may lose your claims and defenses if they are not filed in court within the time allowed. I would advise you to retain the services of an attorney as soon as possible.
(1) Look on the computer;
(2) Check your local law library;
(3) Talk to a med-mal attorney;
(4) Watch you statute of limitations; and
(5) Good luck!
THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL REPRESENTATION.
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