Tequin® Litigation
Frequently Asked Questions
- What side effects are commonly encountered
with Tequin®? - What is hypoglycemia?
- What is hyperglycemia?
- What are the symptoms of hyperglycemia?
- What danger does hyperglycemia involve?
- Who should avoid Tequin®?
- Are there any general precautions that should be followed with Tequin®?
- Has Tequin® been recalled?
- I understand why I need to see a doctor immediately, but why do I need a lawyer right away?
- Why do I have to hire a lawyer?
- What kind of lawyer should I hire?
- What financial compensation can I recover in a pharmaceutical product liability claim?
- What is Assumption of Risk?
- What is pharmaceutical product liability?
- How long will it take to settle my Tequin® claim?
- How much should I expect to spend on legal fees in my Tequin® case?
What side effects are commonly encountered with Tequin®?
Reported Tequin® side effects are generally mild and can include:
- Vaginal itching, swelling or discomfort
- Stomach pain
- Loss of appetite
- Change in the way things taste
- Heartburn
- Gas
- Diarrhea
- Constipation
- Painful urination
- Fainting
- Irregular heartbeats
- Shakiness
- Sores or white patches in the mouth
- Sore tongue
- Fatigue
- Muscle or joint pain
- Leg cramps
- Ringing in the ears
- Dry skin
- Fever
- Chills
- Sore throat
There have also been reports of serious Tequin® side effects, some of which have occurred after taking just one dose. These include:
- Allergic reactions - as evidenced by breathing difficulty, apparent closing of the throat, hives, or abnormal swelling of the lips, tongue or face.
- Sudden onset of seizures, dizziness, confusion, tremors, hallucinations, depression or suicidal thoughts.
- Pain, inflammation, or the rupture of a tendon.
Tequin® has also been associated with liver damage.
Hypoglycemia is the term used to describe the condition caused by abnormally low blood sugar levels. While it can have a wide variety of causes, persons taking Tequin® are at greater risk than the general population. Untreated, severe symptoms may develop from hypoglycemia. If you are taking Tequin®, medical attention should be sought immediately if you experience:
- Confusion
- Seizures
- Loss of consciousness
Hyperglycemia is the term used to describe abnormally elevated blood sugar levels, a condition classically associated with diabetes. Statistically, taking Tequin® dramatically increases the risk of hyperglycemia.
What are the symptoms of hyperglycemia?
The symptoms commonly associated with hyperglycemia include:
- Extreme thirst
- Frequent urination
- Extreme hunger
- Weakness
- Blurred vision
What danger does hyperglycemia involve?
Untreated hyperglycemia can result in an extremely serious, life-threatening condition called diabetic ketoacidosis. It is urgently important that you get medical care at once if you experience:
- Dry mouth
- Nausea and vomiting
- Shortness of breath
- A fruity odor or the breath smells fruity
- Decreased consciousness
You should not take Tequin® if:
- You are allergic to any of the group of antibiotics known as "quinolones," such as Cipro (ciprofloxacin) or Levaquin (levofloxacin).
- You have problems with your heart rhythm, particularly with prolongation of the interval between the Q wave and the end of the T wave in the heart's electrical cycle (Long QT Interval Syndrome), a rare heart problem that may cause fainting or irregular heartbeat. If any of your family members have this condition, or have experienced an abnormal electrocardiogram, you should inform your physician.
- You have hypokalemia, a condition involving abnormally low levels of potassium in the blood. Hypokalemia is frequently triggered by diuretics such as furosemide and hydrochlorothiazide.
Are there any general precautions that should be followed with Tequin®?
Yes. Tequin® has been shown to cause dizziness in some patients, so you should not drive or operate heavy equipment until you are certain that it does not affect you in this way.
You should probably avoid prolonged exposure to sunlight if you are taking Tequin®. While there is no documented incidence of the problem with Tequin®, some quinolones have been shown to increase the sensitivity of the skin to sunlight, resulting in severe sunburn. You should contact your physician immediately if you experience severe burning, redness, itching, rash or swelling after exposure to the sun while taking Tequin®.
No. Although Bristol-Myers Squibb no longer manufactures the drug, there is no plan to recall existing product in the market. In fact, the manufacturer is warning Tequin® users not to stop taking it without first discussing the matter with their treating physician.
I understand why I need to see a doctor immediately, but why do I need a lawyer right away?
Your claim is subject to one of more state or federal Statutes of Limitations. These are laws limiting the time in which a lawsuit must be filed, and they vary from state to state, and between state and federal law. If your claim is not already settled, or a lawsuit filed on your behalf within the time frame set by the Statute, you will be barred from any financial or other compensation no matter how serious your injury or how strong your claim. Statutes of Limitations often differ in significant ways.
Any of the qualified and experienced Tequin® law firms listed on this site can make certain that your claim is filed properly, and on time.
Why do I have to hire a lawyer?
Actually, you don't. Unless you are mentally incompetent, you have the right to represent yourself in any legal proceedings, but it is extremely imprudent to do so - especially in a field of litigation as complex and difficult as pharmaceutical product liability. Even experienced trial attorneys may well have difficulty dealing with the peculiar complexities of a Tequin® case.
All areas of litigation require a thorough knowledge and comprehension of the rules of procedure and the various technical rules relating to the admission or exclusion of evidence during a trial. If you do represent yourself, you will be held to exactly the same standards as a lawyer, and the court will not make any allowance whatsoever for your lack of training and inexperience in the law.
In short, you are not required to hire a lawyer, but you should be aware that self-representation usually results in a legal disaster.
What kind of lawyer should I hire?
Pharmaceutical liability litigation is one of the most complicated and complex areas of the law, so it is important that your lawyer have experience in this field. You have a right to know about an attorney's professional qualifications before signing any retainer agreement. In your initial interview, do not hesitate to ask the lawyer about his or her experience with Tequin® cases. You want to know how many Tequin® cases the Firm has handled. If the lawyer is reluctant to discuss his or her professional qualifications, or if you are not satisfied with the answers you receive, talk to another lawyer. Apart from professional qualifications, make certain the lawyer you hire is someone who inspires your confidence - someone you feel comfortable dealing with. Litigation can be a long and challenging journey, and it's going to be a hard one if the attorney and the client don't get along well.
What financial compensation can I recover in a pharmaceutical product liability claim?
Those injured by unsafe products are ordinarily entitled to recover monetary damages for all losses and expenses suffered from use of the product. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:
- Medical bills
- Lost income, including overtime wages
- Pain & Suffering
- Physical Disability
- Emotional Trauma
- Mental Disability
Additionally, some states provide recovery for "loss of enjoyment of life," or "diminished capacity to pursue an established course of life."
If you have knowingly and voluntarily assumed the risk inherent in a particular action that caused an injury, you cannot sue anyone to recover damages. Assume, for example, a situation in which you went to a friend's house and were warned against using the backdoor because the deck was seriously damaged and would not support the weight of a person walking on it. If you decided to ignore the warning and use the back door, the doctrine of Assumption of Risk would likely bar recovery for injuries sustained from a fall through the damaged deck. The court would find that you "assumed the risk" of that injury.
The doctrine also applies to pharmaceutical product liability cases. Assume, for example, a case in which the injured person was hurt when he or she fell asleep at the wheel and crashed an automobile into a tree after taking medicine and then consuming alcohol. Assume also, that the medication label bore a warning against consuming alcohol while taking it because of the increased risk of drowsiness. In that case a lawsuit against the manufacturer of the medication would likely fail, with the court holding that the injured person had voluntarily assumed the risk of his or her injuries by failing to heed the warning on the label.
What is pharmaceutical product liability?
Product liability is a legal term used to describe a special duty the law imposes on all manufacturers, including pharmaceutical companies. A person injured by some hidden defect in a product while using the product for its intended purpose in a reasonable manner does not have to prove the manufacturer was negligent in order to receive financial compensation. In fact, even with proof that the manufacturer was not negligent and could not possibly have foreseen the product defect that caused the injury, this will not defeat the claim. This rule (sometimes called "strict liability" or "absolute liability") has more to do with social policy than with purely legal matters. The idea behind it is to avoid placing the risk of catastrophic loss on an individual consumer. The manufacturer can purchase insurance to cover such claims, increasing the price of the manufactured product to cover the cost of insurance. In this way, the risk of catastrophic loss is divided among all purchasers of the product.
How long will it take to settle my Tequin® claim?
The time it takes to settle a Tequin® case depends on the circumstances surrounding each particular case. Obviously, it would be a mistake to settle any claim before stabilization of the medical condition. It would be a tragic mistake to settle your claim prematurely, as unstable conditions can easily take a turn for the worse. The more complex the case, the longer it may take to settle. Many cases can take anywhere from 3 to 18 months to settle, but your case is unique. You should discuss this with one of the Tequin® lawyers listed on this site.
How much should I expect to spend on legal fees in my Tequin® case?
Most Tequin® lawyers accept cases on a "contingent" fee basis. They are sometimes called "no win - no pay" arrangements, and indeed, that is what they are. There is no advance retainer fee to be paid, and unless the lawyer obtains a monetary settlement or verdict for you, there are no attorney fees whatsoever. If the case is won, a percentage of the settlement or verdict will go to your lawyers for their fees. The percentage involved will be one that you and the lawyer agree upon in the written fee agreement you both will sign at the outset of the case. Experienced lawyers know that most people seldom come into contact with the legal system, and will not be offended by any questions you may have.