There is a recall on meds my mother taken as a side effect would be kidney failure which happen to my mother. The death certificate says last stage renail disease, could I make a claim?
Her ESTATE certainly could, and if you were a DEPENDENT of your mother, then you might have a separate cause of action too. I'd recommend consulting with both a probate and a personal injury attorney to determine what you can do and how to best pursue such actions if they do exist.
Depending on her age and other variables, the recovery might not be so large as you expect, but it is certainly worth looking into.
This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!
IF there is a valid claim, it would be the Personal Representative or Administrator of your mother's estate who would bring the action, even though any proceeds from the claim would pass to her heirs, outside of her estate. You would need to contact a personal injury/wrongful death attorney in your area to guide you. Use the Find a lawyer button above to get started. Also, the statute of limitations is shorter for wrongful death than for personal injury, so you want to pursue any valid claim without delay.
dYes if you qualify as her personal representative as determined by the clerk of court in the county where she lived. You will then have to get a personal injury attorney to look at your case to see if it is viable. Ultimately a doctor will have to determine that Prilosec was a proximate cause of her death.
Sorry for your loss.
Wrongful death and survivor claims vary from state to state. You should contact a local personal injury attorney to discuss the laws in your state.
You may also wish to look into class action lawsuits that have been filed concerning this drug. Often times the claims filing requirements are fairly strict so do not delay in making an inquiry.
Other counsel have given you appropriate suggestions.
Again sorry for your loss
The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the State of California and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.
Sure you could make a claim. Best thing for you would be to consult an attorney completely familiar with Prilosec claims and recall issues. Do so immediately. There is much to be done, and time limits can be unforgiving. Best wishes to you.
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