Taking any kind of medication requires you to weigh the benefits against the disclosed risks. Even a common, over-the-counter medication can present serious side effects if taken in excessive doses or with another drug. As a result, you need to consider your own needs and the advice of your doctor when deciding whether to take a medication. However, this analysis relies on accurate information from the drug’s manufacturer and marketers.
Unfortunately, drug sellers do not always provide accurate or whole information about their products. They may fail to disclose potential side effects that result in serious injuries or illnesses. If you suffered harm after taking any kind of medication, reach out to a Houston dangerous drugs lawyer now. A personal injury attorney would demand in and out of court that negligent drug manufacturers provide fair compensation for your losses.
Litigating Dangerous Drug Cases Under Product Liability Law
All manufacturers of consumer products have a duty under product liability law to create items that are safe for their intended use. Drug manufacturers are no exception. Whether the medication in question is a simple antacid or a powerful form of chemotherapy, every drug must undergo strict testing and design oversight before becoming available to patients and consumers.
One of the most direct ways to show that a manufacturer is liable for an unintended drug reaction is to prove that a defect in a medication’s design posed unreasonable dangers. According to Texas Civil Practice & Remedies Code § 82.005, affected individuals must show that an alternative design was available at the time of creation that would have prevented the harm and which was economically reasonable to use. Proving this often requires assistance from expert pharmacologists whom a local attorney could take the lead in locating and hiring.
Warning Label Defects
TX Civ. Prac. & Rem. Code § 82.007 allows claimants to allege that a medication did not provide proper warnings or instructions for safe use. However, this law also presumes that a manufacturer is not liable for damages if the drug in question received approval from the Food and Drug Administration (FDA) or if the warning label complied with applicable federal laws. Even so, a Houston dangerous drugs lawyer could investigate whether the information that the manufacturer provided to the FDA for approval was fraudulent or deceitful.
Demanding Compensation from Drug Manufacturers
Taking a dangerous drug can throw a person’s entire life out of balance. On the surface, these medications can inflict severe physical harm that may require both emergency care and long-term rehabilitation. The manufacturers of these drugs should be required to compensate the costs of all medical care necessitated by a defective medication.
In addition, losses resulting from the consumption of a dangerous drug can leave a person emotionally damaged and unable to trust medications moving forward. These emotional harms are as legitimate as physical injuries and form an essential part of any demand for compensation. Talking with a Houston lawyer can help individuals determine the true value of their dangerous drugs cases.
Connect With a Houston Dangerous Drugs Attorney at Our Firm
The manufacturers and sellers of medications are no different than those producing and selling any other consumer product. The law says that they must produce drugs that are safe for their intended use, which often means obtaining FDA approval through the submission of accurate data and maintaining strict controls over the manufacturing processes.
When you suffer harm because of a manufacturer’s failure to perform either of these steps, you deserve full compensation for your losses. Speaking with a Houston dangerous drugs lawyer could be the first step to you getting your life back on track. Our team could pursue the compensation you deserve while you focus on your recovery. Give us a call now so we can get to work for you.