There are more product liability lawsuits filed against prescription drug manufacturers than against all other industries combined. Under strict product liability laws, drug manufacturers may be held liable for ANY serious injuries or deaths caused by their products regardless of the care they took to prevent defects.

Hazardous waste presents serious problems not only to humans but to the environment as well. Environmental law matters are particularly complex, not only due to the maze of federal, state and local laws involved but also because these laws are often highly technical in nature.

Brent Cordell

Attorney at Law

Board Certified Specialist in Personal Injury Trial Law

1 844 - 8LEGAL8 (1 844 853-4258)

Medical & Drug Liability Claims


 

There are more product liability lawsuits filed against prescription drug manufacturers than against all other industries combined.

If you have become the victim of personal injury in the state of Texas it is important that you seek advice from a legal professional, because you may be entitled to claim compensation if you have suffered physical or mental injury that has stemmed from the use of a defective product, drug or medical device. If you are experiencing serious side effects from a medication or an injury from a defective product, or if you have been using a device or medication subject to a drug recall contact Brent M. Cordell for a free initial consultation and case evaluation. We also represent family members of those who have suffered a wrongful death due to dangerous drugs or defective products.

A drug is considered "defective" in cases when its potential risks or side effects are determined to outweigh its intended benefits, or when the manufacturer fails to provide adequate warning of the risks. In many of these cases the plaintiffs allege that manufacturer was aware of the dangers posed by the product but deliberately chose to conceal that information from consumers.

All pharmaceutical drugs introduced to the U.S. market must be pre approved by the Food and Drug Administration (FDA). Drug manufacturers are required to adequately test each product before seeking FDA approval, and their labels must properly disclose all information involving potential side effects in order to reduce the risks of misuse and adverse events. However, drug manufacturers can and do minimize or conceal adverse side effects to facilitate this approval process. Furthermore, the FDA lacks the time or resources to perform rigorous follow-up research and screening of the product.

In cases where a significant number of serious injuries or deaths are discovered to be related to a drug, the FDA will normally launch an investigation to determine if the drug is actually defective. In severe cases the FDA will issue a Drug Recall and pull the drug from circulation. But in other cases additional warnings may simply be required and the drug may continue to be marketed to consumers.
Click here for information on current FDA drug recalls.

Under strict product liability laws, drug manufacturers may be held liable for ANY serious injuries or deaths caused by their products regardless of the care they took to prevent defects.

 

Drug related product liability claims fall under three basic headings:

  • Defectively manufactured pharmaceutical drugs claims involve injuries caused by drugs that have been improperly manufactured or have become contaminated in the manufacturing process. This may occur at the manufacturing facility, during shipping, through a compounding pharmacy or at any point between the manufacturing facility and the location where you actually receive the drug.
  • Pharmaceutical drugs with dangerous side effects claims involve drugs that may be properly manufactured but still have side effects which result in injury. These cases often involve drugs that have been on the market for a long time before research shows that they increase risks of injury. In some cases victims may claim punitive damages if they can show that a manufacturer knew of the danger but deliberately concealed it.
  • Improperly marketed pharmaceutical drugs. The "marketing" of a pharmaceutical drug refers to the warnings, instructions, or recommendations concerning the use of that drug. This category often involves injuries caused by a failure to provide adequate or accurate warnings regarding a dangerous side effect or a failure to provide adequate instructions regarding the safe and appropriate use of the drug. The "bad advice" may have been given by the manufacturer or by a doctor, pharmacist, sales rep, or some other medical provider.

A defective product lawsuit may include a combination of these claims; i.e., claims based on a drug with a dangerous side effect may be coupled with a claim based on the failure to warn of that side effect.

If you believe that you or a loved one has suffered serious personal injury from a defective drug, you may be eligible to seek compensation for your medical expenses, pain and suffering, loss of income, diminished earning capacity and more. Under product liability laws the manufacturer, distributor and seller can all be held liable for your injuries.

 

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