Texas Dangerous Drug & Medical Device Injury Attorneys 

What Constitutes a “Defective” Drug or Medical Device? 

Under Texas medical malpractice laws, a dangerous or defective pharmaceutical drug or medical device refers to a product that can cause harm or injury to patients when used as intended. These products may be flawed in their design, manufacturing, or labeling, leading to serious health complications or adverse effects. 

Some key elements to understand about defective drugs and devices include: 

• Design defects: A pharmaceutical drug or medical device may be considered defective if its design poses an unreasonable risk of harm to patients. This means that even when manufactured and used correctly, the product's inherent design makes it dangerous.
• Manufacturing defects: A product can also be deemed defective if errors occur during the manufacturing process, resulting in a product that differs from its intended design or specifications. These defects can make the drug or device more dangerous than originally intended.
• Labeling defects: Proper labeling is crucial for providing accurate information about the risks, potential side effects, and proper usage of a drug or device. If the labeling fails to adequately warn healthcare providers and patients of known risks or contains misleading information, it may be considered defective.
• Failure to warn: Manufacturers are responsible for warning healthcare providers and patients about any known risks associated with their products. If a pharmaceutical drug or medical device has potential dangers or side effects that are not adequately disclosed, it can be considered defective.

Common Drug & Device Injury Lawsuits We Handle

At Hilliard Law, our compassionate advocates have over three decades of experience advocating for victims harmed by defective drugs and devices in healthcare. Our firm can fight tirelessly for the justice and compensation you deserve to take back your life and hold negligent parties accountable for the immense pain and harm they inflicted on patients and their loved ones. We’ve helped clients in various dangerous drug lawsuits throughout Texas, working tirelessly to hold pharmaceutical companies and related parties accountable for negligence. 

Common pharmaceutical and medical device injury cases we handle include: 

• Opioids
• Gilead/Truvada
• Suboxone

Who Is Liable for Drug & Medical Device Injuries?

Depending on the unique circumstances of the case, various parties can be liable in dangerous drug or device injury lawsuits. Common liable parties in pharmaceutical injury cases include: 

• The pharmaceutical manufacturer: Manufacturers of pharmaceutical drugs are responsible for ensuring their products' safety and efficacy. If a drug is found to be defective or unreasonably dangerous due to design, manufacturing, or labeling issues, the manufacturer may be liable for damages.
• The distributor or retailer: Parties involved in the distribution and sale of dangerous drugs, such as wholesalers, distributors, and retail pharmacies, may also be held liable if they knew or should have known about the risks associated with the product and failed to take appropriate action.
• Healthcare professionals: In some cases, healthcare professionals who prescribe or administer the dangerous drug may share liability. This can apply if they fail to properly inform patients about the potential risks or prescribe a drug in a manner that deviates from accepted medical standards.

Common liable parties in defective medical device injury cases include: 

• The device manufacturer: Manufacturers of medical devices are responsible for ensuring that their products are safe and effective for their intended use. If a device has design defects, manufacturing flaws, or inadequate labeling, the manufacturer may be liable for damages.
• The distributor or retailer: Similar to dangerous drugs, parties involved in distributing and selling defective medical devices can also be held liable if they knew or should have known about the device's defects and failed to take appropriate action.
• Healthcare facilities and practitioners: In some instances, healthcare facilities and practitioners who used or recommended the defective medical device may share liability. This can occur if they were aware of the risks or fail to adequately inform patients about the potential dangers.
• Testing laboratories: If a medical device underwent testing at a laboratory that failed to identify potential defects or risks, the testing laboratory may also be held liable for damages.

Taking Action After Drug & Medical Device Recalls

Seeking sound counsel from a qualified attorney is essential to seeking fair compensation for harm sustained in a pharmaceutical or medical device injury lawsuit. It’s crucial for injured patients to take the following steps to pursue justice: 

1. Seek medical attention: Your well-being is always the top priority. If you suspect you were harmed by a dangerous drug or defective medical device, seek immediate medical attention. Remember to document all medical treatments, diagnoses, and related expenses.
2. Preserve evidence: Preserve any evidence that support your claim, such as keeping the product, packaging, receipts, medical records, photographs, and any other relevant documents.
3. Follow the recall instructions: Pay close attention to any recall instructions provided by the manufacturer, the U.S. Food and Drug Administration (FDA), or any other regulatory agency. Follow the instructions carefully to ensure your safety and gather additional information that may be relevant to your case.
4. Document your experience: Keep a detailed record of your experience with the dangerous drug or defective device. Document any adverse effects, symptoms, or injuries resulting from its use. Include dates, times, and descriptions of events to help build a strong case.
5. Consult with a qualified attorney: It’s imperative to consult with a knowledgeable attorney experienced in dangerous drug and defective medical device litigation. Your lawyer can evaluate your case, determine liability, and guide you through the legal process to protect your rights and pursue fair compensation. 
6. File a lawsuit: Your lawyer can assist you with filing a claim by taking swift legal action. A seasoned attorney can help you bring a lawsuit against liable parties by gathering strong evidence, conducting investigations, negotiating with insurance companies, and representing you in court if necessary.
7. Recover damages: Your attorney can help you pursue fair compensation for the injuries you suffered due to medical negligence by seeking to recover damages, such as medical expenses, lost wages, pain and suffering, and other related losses.  

In Texas, the statute of limitations for product liability claims, including drug and device claims, is two years from the date of discovery of the injury. 

If you were harmed by a dangerous drug or medical device, call (361) 882-1612 to schedule a free consultation.