Exposure to toxins through contaminated drugs, medical implants manufactured with dangerous materials, and other risks can have serious and long-term health consequences. However, in many cases, these consequences may not become apparent for years—or even decades.
In these cases, medical monitoring can be extremely important.
For individuals who have been exposed to toxins, medical monitoring affords an opportunity to identify any related health concerns as soon as possible. Unfortunately, this monitoring can be expensive, and most health insurance plans don’t cover the costs involved.
Why It’s Important to Monitor for Health Risks Related to Toxic Exposure
There are two main reasons why it is important to monitor for health risks related to toxic exposure. First, as we mentioned already, the consequences of toxic exposure might not be apparent immediately. With some types of toxins, symptoms won’t appear right away, and patients may go months or years without noticing any ill effects.
Second, the health consequences of toxic exposure can be serious—and even life-threatening in some cases. Some examples of potential complications from exposure to toxins in dangerous drugs and medical implants include:
- Bone infections
- Gastrointestinal problems
- Cancers
- Organ damage
- Respiratory problems
- Seizures
- Sepsis
- Toxic neuropathy (nerve damage)
As a result, prompt diagnosis and treatment can be critical for avoiding long term (and, in some cases, fatal) complications. By monitoring for known risks associated with the specific toxins to which patients have been exposed, patients can significantly increase their chances of getting the treatment they need before it’s too late.
Covering the Costs of Medical Monitoring Through a Defective Drug or Medical Device Lawsuit
Due to the costs involved, many patients who have been exposed to toxins through dangerous drugs and medical devices cannot afford the medical monitoring they need—at least not on their own. Fortunately, these patients will have grounds to take legal action in many cases.
When pharmaceutical companies and medical device manufacturers sell dangerous and defective products, they can (and should) be held fully accountable. This includes being held accountable for the costs of medical monitoring. In mass tort cases, patients can come together and leverage their collective legal rights to pursue coverage for the costs of medical monitoring—even in cases where the costs involved might not be worth it if they were to take legal action individually.
While specific requirements vary between jurisdictions (and not all jurisdictions allow claims for medical monitoring), generally speaking, filing a successful medical monitoring lawsuit requires proof of the following:
- Exposure to a toxic substance due to the defendant’s acts or omissions;
- Increased risk of developing a serious health condition as a result of the toxic exposure;
- The need for medical monitoring as a result of the increased risk; and,
- Availability of a viable medical monitoring test or procedure which can help facilitate a timely diagnosis.
If you have a claim for medical monitoring related to toxic exposure, you will want to rely on your lawyer to prove your legal rights. Taking on a pharmaceutical company or medical device manufacturer is not easy, and these companies will not pay voluntarily. Additionally, mass tort cases involve special processes and procedures, so it will be important to make sure you choose a lawyer who has specific experience in these types of cases.
What You Should Do if You Believe You Need Medical Monitoring
With all of this in mind, what should you do if you believe you need medical monitoring due to toxic exposure from a dangerous medication or medical device? In this scenario, you should:
1. Collect Your Records
Collect any and all records you have related to your prescription or your medical device implant. This includes records related to the discovery of your toxic exposure.
2. Take Notes and Prepare a List of Questions
Write down why you have concerns about toxic exposure and when these concerns came to light. Also, be sure to write down any questions you want to ask about your legal rights.
3. Talk to a Mass Tort Lawyer
If you are entitled to financial compensation for the costs of medical monitoring, you will need to hire a mass tort lawyer to represent you.
Seeking Coverage for Costs Beyond Medical Monitoring
Many patients who have questions about recovering the costs of medical monitoring also understandably have questions about recovering any additional costs they may incur in the future. What if your medical monitoring reveals that you have developed a serious health condition as a result of your toxic exposure?
Patients who develop serious health conditions due to toxic exposure from dangerous drugs and medical devices are entitled to just compensation for their treatment costs as well. They are also entitled to just compensation for other out-of-pocket expenses, loss of earnings, loss of enjoyment of life, and any other financial or non-financial losses they incur (or are likely to incur in the future). With this in mind, when choosing a mass tort lawyer to represent you, you will want to make sure you choose a lawyer who has experienced handling these types of claims as well.
In this scenario, it is extremely important to ensure that you are making informed decisions about asserting your legal rights. If you aren’t careful, you could end up without the financial compensation you need and deserve. Ensuring that you are making informed decisions costs nothing—you can get started with a free consultation; and, if you have grounds to take legal action, you can hire a mass tort lawyer at no out-of-pocket cost to you.
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