Harker Heights Dangerous Drugs Lawyer
When someone is prescribed medication or advised to take an over-the-counter drug, they trust that it will effectively manage their illness and is safe to use. When pharmaceutical companies bring drugs to market without adequate testing and clinical trials or fail to warn consumers about the medication’s risk, patients could suffer severe negative consequences.
If a drug has harmed you, you may be entitled to monetary compensation. A Harker Heights dangerous drug lawyer could fight to hold the drug manufacturer or distributor responsible for your injuries. Our personal injury team has experience bringing claims against pharmaceutical companies and recovering damages for those harmed by dangerous drugs.
Strict Liability for Dangerous Drugs
A company that manufactures, designs, or sells a drug can be strictly liable for any harm that drug causes to the user. The injured person does not have to show that any party was negligent. Three types of defects apply to drugs developed and sold in Texas.
Design Defects
A drug that is inherently dangerous because of the way it is designed or developed has a design defect. A drug company is obligated to create a safer drug if there is a reasonable way to do so. If the company does not produce a safer alternative, it could be responsible for injuries caused by the faulty medication.
Manufacturing Defects
This defect may occur during the production of a drug. Without the manufacturing defect, the drug is otherwise safe. There are several possible causes of manufacturing defects. Some of these include:
- Improper doses resulting in stronger or weaker medication than intended
- Contaminated conditions in the lab or manufacturing plant
- An ingredient not specified in the design is put in the drug, or a required ingredient is left out
- An incorrect label is attached to the drug
An attorney with experience in dangerous drug cases could present evidence to support the injured party’s manufacturing defect claim.
Failure to Warn
If a drug company does not adequately disclose the risks of taking a specific drug, the company could be responsible for any harm to the medication’s users. The product’s warnings labels and any accompanying instructions must clearly explain the possible dangers of using the medication.
Recoverable Damages in a Dangerous Drug Case
A dangerous drug could significantly harm the user, both physically and emotionally. In Harker Heights, an injured party may seek specific damages. Some of these include:
- Present and future medical expenses
- Pain and suffering
- Lost wages
- Diminished earning capacity
- Wrongful death
A Harker Heights dangerous drug attorney could work closely with medical experts to assess the full extent of the victim’s injuries.
Deadline for Filing a Dangerous Drug Lawsuit
Under Texas Statutes Civil Practices and Remedies Code §16.001, a person injured by a dangerous drug in Texas must file a product liability claim within two years of the injury. If the claim is not filed within that time, a court could dismiss it, resulting in no compensation to the injured party.
If the injury from the dangerous drug was not immediately apparent to the victim, the filing deadline (“statute of limitations”) could be extended. For example, if someone took a drug that caused kidney failure, but the injured party was not diagnosed with kidney problems related to the drug until several years after taking the medication, the statute might not start until the diagnosis. Due to the complexity of applying the statute of limitations and the risk of a dismissal of the claim, it is essential to consult a knowledgeable dangerous drugs attorney as soon as the injury is detected.
Consult an Experienced Harker Heights Dangerous Drugs Attorney
Despite federal and state regulations, unsafe drugs do make it to consumers. When this happens, the injured party may be entitled to compensation for their medical bills, emotional distress, and loss of income.
If you or a loved one were made ill by a dangerous medication, whether prescribed or over the counter, you may have a product liability claim under Texas law. Our firm’s attorneys could work to recover meaningful compensation for you from all parties responsible for the defective drug. Call a Harker Heights dangerous drugs lawyer today to discuss your case.
