Fort Worth Dangerous Drugs Lawyer

When prescriptions, over-the-counter drugs, or supplements pose a risk beyond reasonable expectations and cause injuries, illness, or death, they are defective. You may be eligible for compensation if you were the victim of a negligent pharmaceutical company or other related party.

The types of claims fall within product liability, allowing you to hold the negligent manufacturers accountable for flawed products. Contact our team of seasoned injury attorneys at The Wilhite Law Firm today to schedule a free consultation with a Fort Worth dangerous drugs lawyer and review your legal rights and options.

What Are the Different Types of Drug Defects?

Cases for dangerous drugs fall within one of three categories, and those include the following:

Manufacturing Flaws

Errors that occur during the production phase, such as contamination, foreign particles, incorrect potency, or wrong potency, fall under manufacturing flaws. The issue affects only the specific batches in process at the time the problem occurred.

Design Defects

When drugs are inherently dangerous due to the formulation, putting consumers at an unreasonable risk even when they take them as prescribed or directed, that is a design defect. That also means the health risks outweigh the benefits, or that the medication is not safe to use. When this type of error occurs, the pharmaceutical company must recall the entire line and remove it from shelves.

Marketing or Failure to Warn

When the producer uses misleading promotions or downplays the possible side effects, there may be grounds for a failure-to-warn lawsuit. That also includes advertising off-label uses without evidence or approval. Lastly, failure to warn is the inadequate warning of known risks and failure to provide sufficient labels and instructions.

Pursuant to the guidelines of Texas Civil Practice and Remedies Code § 82.007, there is a rebuttal presumption when cases result from failure to warn. When producers comply with the United States Food and Drug Administration (FDA) and receive the agency’s approval, they must prove that the manufacturer was fraudulent. Our proactive Fort Worth dangerous drugs attorneys will review your case and answer specific questions during the consultation. ​

Understanding Strict Liability

Texas product liability statutes allow residents to file claims against drug makers, producers, distributors, and occasionally, pharmacies if their actions qualify. The claims fall under strict liability, and your case just needs to demonstrate that the medication you took was defective and caused you to sustain injuries and other damages. Proving the defendant was negligent is unnecessary.

The deadline for commencing legal action is two years in most cases, and that means from the date of the injuries or the date you reasonably discovered them. Except for in a few rare cases, such as fraudulent concealment by the defendant, missing the cutoff date usually means the civil court will bar you from filing and obtaining a settlement from the liable party.

Recoverable Monetary Damages

After proving liability, the court typically awards damages within two primary categories. The first is economic damages, including medical expenses, future care, and lost wages and benefits.

The second is non-economic damages and includes emotional distress, permanent disability, and pain and suffering. The state does place caps on the non-monetary losses in some cases, and our knowledgeable dangerous drugs lawyer in Fort Worth can review that with you during the appointment.

Contact a Skilled Dangerous Drugs Attorney in Fort Worth

Drugs must go through extensive testing before reaching the market and consumers. Unfortunately, harmful medications still reach the pharmacies and store shelves sometimes, and the consequences can be devastating. There are also times when producers began marketing products that the FDA did not approve, and people suffered harm because of their careless actions.

You have every right to file a lawsuit to pursue payment if recklessness caused you injuries. Call The Wilhite Law Firm now to schedule an appointment with a compassionate Fort Worth dangerous drugs lawyer and learn more.