Who Will Be Liable for COVID-19 Pill Reactions?

ELI5: Negligence

Utah COVID cases are through the roof again. But, luckily for those who have contracted the virus, Merck just announced that their COVID-19 pill is able to cut hospitalization rates in half. Though the pill is not a substitute for the vaccine, it could be crucial in fighting the battle against the COVID pandemic. Now that they’ve gone through the trials, Merck is seeking emergency use authorization for their COVID-19 pill, molnupiravir. Though the pill isn’t publicly available yet, it’s projected that many people will end up taking it as the virus continues to spread. However, with so many people taking the COVID-19 pill, negative reactions are more likely to occur. If you become sick after taking the pill, who could be liable for your damages?


Since molnupiravir isn’t even available to the public, it’s difficult to predict who will be liable for any adverse effects of the pills. However, we are able to speculate who might be liable for bad reactions that were caused by Molnupiravir. Manufacturers are responsible for making sure their products are not unreasonably dangerous. As such, there are three types of product liability manufacturers need to look out for: manufacturing defects, design defects, and marketing defects. If a batch of the pills happened to be made with expired ingredients, and thus consumers were injured, that would be a manufacturing defect. If the pills were so large that they were a choking hazard, that would be a design defect. If the pills were unsafe for certain groups of people, but the manufacturer neglected to mention this, that would be a marketing defect.


As Utah COVID cases continue to rise, hospitals are filling up quickly. And, doctors are under a lot of pressure to make sure they don’t end up facing a medical malpractice lawsuit. If your doctor knew, or reasonably should have known, that molnupiravir would be harmful to you, prescribed it to you anyway, and you were injured because of that, you may be eligible for compensation. If the doctor gave you molnupiravir without your consent, or by accident, and you were harmed by the drug, you may also be eligible for compensation.


Many vaccines and medications need to be stored at a certain temperature. If a batch of molnupiravir was stored in a way that caused the medicine to expire, you may be eligible for compensation if you became sick after consuming expired medicine. Or, if the medicine is somehow contaminated at a storage facility, or in transit, you may also be eligible for compensation if the contaminated medicine caused you injury or illness. However, it may be difficult to determine where the contamination or improper storage took place. You may need to hire a personal injury lawyer to help investigate where the contamination took place.


If molnupiravir is anything like the vaccine, it could easily have blanket immunity. This means that you will be unable to sue the manufacturers of molnupiravir even if you were seriously injured due to the drug. A lot of people who were vaccinated needed to take time off of work due to the side effects of the vaccine. However, they were not eligible to receive compensation for loss of income because the vaccine manufacturers have immunity from any lawsuits. If the manufacturers of molnupiravir are granted blanket immunity, they will be immune from all personal injury lawsuits resulting from the effects of the drug itself. However, doctors will still be liable for medical malpractice lawsuits, and storage facilities will still be responsible for storing the pills properly.


A shocking amount of Americans believe in COVID-19 conspiracy theories. Most of these theories are concerned with the authenticity of the pandemic, the necessity of mask mandates, and the safety of vaccines. Many people are concerned about microchips in the vaccine even though those theories have been thoroughly debunked. Though microchips in vaccines are not yet possible, it is interesting to consider: can you sue manufacturers if they put microchips or other harmful substances in molnupiravir? The answer may surprise you. Even if the manufacturers have blanket immunity, putting microchips or other harmful substances into the drug may constitute willful misconduct. And, when willful misconduct is involved, there’s most likely a case.


There’s still a lot that’s unknown about COVID-19. How long does COVID last? It depends. How contagious is COVID-19 on surfaces? We’re not totally sure. How long does COVID last on clothes? Again, we don’t really know. We know the vaccines are effective but, how long does the vaccine last? We’re not certain, but we’re coming out with booster shots. So, when discussing liability for a drug that hasn’t even been released yet, predicting liability can be extremely difficult.


If you’re the victim of medical malpractice, Moxie Law Group can offer support and a Covid Lawyer. We can walk you through your options in cases of product liability, willful misconduct, or anything in between. If you’re ready to get the compensation you deserve, Moxie Law Group is just a phone call away.

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