Is it legal for a hospital to give you a shot that isn't FDA approved?

Question

When I had my c-section due to my baby being breech. No other complications, the hospital gave me a shot that I found out later wasn't FDA approved and it caused me and baby problems.

Answer 1

I would highly recommend getting some legal advice on this.

Firstly, no matter what, if you are not in a life threatening condition and basically conscious, you should have been informed and given the opportunity to refuse the shot.

worse yet is many of the injections they try to push on people are hazardous.  Even the so called Tetanus shot or booster should be refused... especially for a new mother. The amount of mercury in that shot alone is highly toxic and detrimental to brain development. I pasted reference to that

Definitely get legal advice.. and do a lot of research before allowing anyone to inject you or your child without you knowing what's in it.

Answer 2

the drug itself has to be approved or under study (in which case you have to consent). the use doesnt neccessarily have to be an FDA approved use though, drugs are used off label all the time. a company has to pay for studies to get an approved use, so often times if a drug is generic but a new use is found nobody will pay to get it approved because there isnt any financial interest for a company to do it, even though it might be the best drug around for that use.

Answer 3

its quite legal, though if they gave you something that caused you and your baby problems you likely have a good lawsuit against them whether what they gave you was FDA approved or not, you can consult a lawyer on this

Answer 4

if the med wasn't fda approved, you may have signed something when you were admitted to the floor, without reading it.  if there were, in fact, detrimental effects, then you have a case for a lawyer, because everyone knows that labor is an 'under duress' situation.  i mean, who's gonna ask for all the medfacts when they're huffin and puffin at 8cm?  i couldn't even think at that point.  get all the info you can, by requesting your medical records.  you have a legal right to review all documents.   good luck to you and your babe

Answer 5

If it's not FDA approved then it is not allowed to be used in the USA.    Insurance companies will not pay for experimental treament, which is what it would be considered until it is FDA approved.  Are you sure it is what caused you and your baby's problems?  What does the hospital say about this situation - they should be providing you with complete answers to your concerns.  If not, go directly to the drug manufacturer.

Answer 6

depends on whether they are participating in a trial or not. Also if you didn't read something you signed carefully they may be off the hook. Definitely make sure they know of the problems that you and your baby experienced. best of luck

Answer 7

What is the name of the shot and was the drug FDA approved at the time they gave it to you?  I can't see a hospital giving an injection, or even having an injection on hand, that isn't FDA approved.  That would be the equivalent of them begging for a lawsuit.