Dangerous Drugs Lawyer
Any company that manufactures, distributes, or sells a product for human consumption has a legal obligation to ensure that product is reasonably safe for its intended use. This obligation is particularly important when it comes to prescription and over-the-counter drugs. A defect in the design or production of a pharmaceutical product can have potentially deadly consequences for the user.
If you have been injured by a dangerous or defective drug, you have certain rights under Texas law to seek compensation from the manufacturer. An experienced dangerous drugs lawyer can review your case and advise you on the best course of action. Attorney Keith B. French is a qualified Texas civil litigator who understands the complexity of the law in this area and will make every effort to obtain justice for you and your family.
Drugs and Texas Product Liability Laws
Drugs and medical devices are regulated by the U.S. Food and Drug Administration (FDA). But they are also subject to state product liability laws. In Texas, a dangerous drug claim may be based on any of the following:
- Dangerous design. A manufacturer is liable if it adopted an unreasonably dangerous design for its product. In the context of drug lawsuits, however, such claims are atypical, as the FDA rarely approves such designs in the first place.
- Manufacturing defects. A more common scenario is that the drug itself might be safe as designed, but some defect or impurity in the manufacturing process led to a contaminated product.
- Improper marketing. As you probably know, all drugs intended for human use contain lengthy warning labels regarding potential side effects. If that label is false or misleading and leads to consumer injury, this “failure to warn” can be the basis for a lawsuit.
There are a couple of important caveats to dangerous drug lawsuits based on warning labels. The first is that in Texas, a manufacturer is typically immune from liability for any warning label whose contents were approved by the FDA. The second is that under the “learned intermediary doctrine,” a drug manufacturer is only required to provide adequate warnings to a physician, who in turn is responsible for warning the patient. This means that it is possible to sue a doctor for medical malpractice if they are injured by a dangerous prescription drug.
Contact Keith B. French Law Today
All drugs carry some risk of side effects. But when those side effects are serious and unexpected–such as a heart attack, stroke, or even death–something has gone very wrong. And there may be a number of parties at fault. In addition to the drug manufacturer and the prescribing physician, a pharmacy or even a testing laboratory’s negligence may be at-fault for allowing a contaminated product to get into the hands of an unsuspecting patient.
So if you, or someone in your family, has suffered due to what you suspect is a defective drug, it is critical that you seek out timely legal advice. Pearland dangerous drugs lawyer Keith B. French can provide you with invaluable guidance and representation. Contact his office today to schedule a free consultation.
