I Got Sick from a Prescription Drug Ordered Online—Can I File a Lawsuit?

In product liability law, you may have a claim if you can prove:

• The medication had a design defect (inherently dangerous when used as intended),
• The medication was manufactured incorrectly (contaminated or adulterated), or
• The manufacturer failed to warn about known risks (inadequate warnings or instructions).

However, to file a lawsuit in the United States and recover damages, you must:

1. Prove that you took a specific medication. If you still have the bottle, packaging, or a sample of the pills, this is crucial evidence.
2. Prove the drug caused your illness. You’ll need medical records showing the diagnosis and linking it to the medication (often with the help of a medical expert).
3. Identify the manufacturer or seller. This can be difficult with medications purchased from an illegal or overseas pharmacy.

Who Can You Sue?

• The manufacturer: If the drug was defective, you may be able to sue the company that made it.
• The distributor or pharmacy: If a licensed pharmacy dispensed the wrong drug, gave you the wrong dose, or otherwise made an error, you may have a claim against them.
• The original website seller: If the website is U.S.-based (and you can identify them), you may be able to file a claim for damages.

Challenges with Illegal Online Sellers

Most online pharmacies operating outside FDA oversight are unlicensed and untraceable. They often change domain names, use fake addresses, and sell counterfeit products.

This means:

Legal Pulse: Key Statistics

15,000+Pretrial Diversion

defendants enrolled in NJ pretrial intervention programs annually

Source: NJ PTI Statistics

500+Public Defender Caseload

cases per year handled by average public defender in NJ

Source: NJ OPD Report

Statistics updated regularly based on latest available data

What Damages Can I Recover in a Defective Drug Lawsuit?

If you have a valid product liability claim and the manufacturer or distributor is within reach of U.S. law, you may be able to recover compensation for:

• Past and future medical expenses (hospital stays, surgeries, medications, etc.)
• Lost wages and loss of future earning capacity
• Pain and suffering
• Emotional distress
• Punitive damages (in rare cases where the manufacturer acted with gross negligence)

How to Protect Your Legal Rights

1. Keep all documentation: Save every bottle, pill, packaging, receipt, and record of your purchase. These are vital evidence.
2. Seek medical attention immediately: This not only protects your health, but also creates a record of your condition.
3. Report the incident: File a report with the FDA (MedWatch), the DEA, or your state’s pharmacy board. This helps build a public record of the issue.
4. Contact an experienced attorney: A pharmaceutical litigation lawyer can investigate your claim, determine if you have a case, and guide you through the process.

Can I Sue for Side Effects of a Properly Prescribed Drug?

It depends. Most prescription drugs have known side effects, and companies are required to list these on the label and in the package insert. You generally cannot sue a pharmaceutical company simply because you suffered a known risk, unless:

• The manufacturer failed to warn about a risk,
• The drug was tainted or defective, or
• You suffered an injury because the pharmacy made an error (filled the wrong dosage, etc.).

The Bottom Line: Yes, You May Have Legal Options—But It’s Complicated

If you bought a prescription drug online and it made you sick, you may have legal recourse—but it often hinges on where you bought it and who manufactured the drug. If you purchased from an unknown overseas seller and cannot identify the company that made the drug, your options may be limited.

That’s why it’s critical to talk to a lawyer immediately and gather all evidence. The sooner you act, the better your chances of protecting your rights.