If you suffer medical complications due to a defective drug and wish to file a personal injury claim, you need to write and submit an effective demand letter. The demand will be used to negotiate your claim, so it should be detailed and thorough.
Defective drug claims can include issues with the design, manufacture, or marketing of a drug, which include “failure to warn” cases. You will write your demand letter after your medical treatment is complete. Be sure to include:
- Copies of medical records
- Receipts for expenses
- Witness statements
- A letter from employer about lost work and wages
- Any other evidence
A well-written demand letter will help ensure that your negotiation goes smoothly. Including supporting evidence and documentation will also help you win a better settlement in your defective drug claim.
Sample Demand Letter in a Defective Drug Claim
The following sample demand letter includes the important information and details you should include in a letter of your own.
[Your City, State, and Zip Code]
[Name of the Claims Adjuster]
[Their Job Title]
[Address of the Insurance Company]
[City, State, and Zip Code of the Insurance Company]
Re: Your Insured, [Name of the Defendant]
Claimant: [Your Full Legal Name]
Claim Number: (Only include this number if a claim number has already been assigned to you, and you have already been contacted about the matter).
Date of Loss: [Date of Accident or Incident in which the Medical Malpractice Took Place]
Dear Mr./Mrs. [Name of Claims Adjuster],
As I notified you through mail on December 18, 2014, I suffered major injuries due to a defective drug from your insured, Floprexial Drug, on December 3, 2014. I had been prescribed the drug Clinicene, manufactured by Florprexial, which I was prescribed by my doctor for my severe adult acne. I have a known allergy to sulfur-based medications, but I was prescribed Clinicene by my doctor as it was advertised safe for my allergy. As it happens, Floprexial later found that Clinicene causes severe allergic reactions in people allergic to sulfur. Floprexial failed to warn others about this information before placing the medication on the market.
I began taking Clinicene on December 1. After 2 days I was suffering from severe hives and a rash, as well as a high fever, fatigue, and nausea. I decided to check myself into the emergency room at Mountain Range Hospital at [insert address], where I was examined and found to have had a severe reaction. I received topical treatment in places where the rash was most severe and was given three different medications: [insert medication names]. I also had to miss work for two weeks while getting over my reaction, from December 3 – 18, 2014. This was documented from the ER physician, Claire Burns, M.D., as well as the attached statement from my place of work, Fun Toyz and Gamez, LLC.
The absence resulted in a loss of two weeks worth of my full-time hourly wage. I have since healed from the reaction and have been placed on a new medication that doesn’t cause a reaction.
The costs for my medical care, documented in the attached bills, are:
Mountain Range Hospital Emergency Room: $700.00
Dr. Claire Burns, ER Doctor: $312.00
Diagnostic tests and lab work: $1,909.00
Prescription Medications: $168.00
Over the two weeks of missed work, I also lost [insert dollar figure], as documented from the Human Resources Department of my employer, Fun Toyz and Gamez, LLC.
Due to the negligence of your insured, Floprexia Drug, I experienced severe pain and discomfort over the course of a month. I still take two of the medications for my reaction to the drug, and this medication schedule is detailed in a statement from my treating physician, Dr. Ash Jennings, M.D.
As a result of my medical expenses and lost wages, I am seeking compensation in the amount of $20,000.00.
I anticipate and appreciate a timely response in the time of no more than 30 days past the date of this letter.
[Your Name – printed]
Note that the total damages you request should be more than the actual amount of your medical expenses and lost wages. This is on purpose, so that you are given room to negotiate a fair amount of compensation.
Getting Help with a Defective Drug Claim
A thorough and detailed demand letter is important to help you get a fair settlement for your defective drug claim. A personal injury lawyer can help you craft a letter with the appropriate language and a fair amount. They can also assist you in filing a lawsuit against the insured, if you so decide.