Taking medicine that makes you feel worse than before should never happen; however, unsafe pharmaceuticals do find their way to the Texas public.
These drugs can cause heart attacks, diabetes, stroke, or even organ failure, and the negligent party responsible for producing or prescribing the drugs can be held liable in a personal injury lawsuit.
Our article “Texas Pharmaceutical Liability and Unsafe Drugs” takes a comprehensive look at pharmaceutical liability and filing a personal injury lawsuit if you’ve fallen victim. Here are some highlights.
Defective pharmaceuticals are considered defective products
Drug manufacturers have a duty to make their products as safe as possible for consumers, and that entails rigorous testing of these “products.”
If a drug is deemed to have side effects or be dangerous in any way, manufacturers must warn doctors and pharmacists so that they may tell their patients. If a pharmaceutical has been incorrectly manufactured, a company did not warn of the side effects, or the drug was not labeled correctly, a manufacturer can be held liable.
Texas has a strict statute of limitations
The state of Texas has a strict 2 year statute of limitations for personal injury cases. However, if your injuries do not appear for several years after you begin taking a dangerous drug, your two year statute of limitations begins when you notice the injuries.
What to prove for your pharmaceutical liability case
For a successful pharmaceutical liability case, you must be able to prove:
- You used the defective drug as directed
- You were injured
- You were not warned of the drug’s potential dangers
- The defective drug directly caused your injury
In order to prove these, an extensive investigation is often needed. Hiring a personal injury attorney can help with this investigation as well as adding up your total compensation.