You take medication because you expect it to help, not leave you with another serious medical problem. When a prescription or other drug causes a significant injury, you may need additional treatment, lose income, and have questions about what went wrong. A Texas dangerous drugs lawyer can help you look into what went wrong and determine whether you have a product liability claim. A personal injury attorney from our firm can also help you understand what evidence will be important in your case.
At Ted Lyon Law, we understand that serious drug injury cases are rarely straightforward. Your medical records tell part of the story, but investigating the claim can require looking at the medication itself, its warnings, regulatory history, and the circumstances of your injury. When the injury is severe, we take the time to understand how it is affecting your life now and what you will need going forward to develop a comprehensive claim for damages.
When Does a Medication Become a Product Liability Issue?
Experiencing a side effect after taking medication does not necessarily mean the drug was defective or that you have a product liability claim. Medications carry risks, and some complications can occur even when manufacturers properly design and manufacture a drug. A product liability case can involve a different set of circumstances, such as:
- A defective drug design
- A manufacturing defect
- Incorrect or incomplete instructions
- Inadequate warnings about a significant risk
- Contamination or another problem during manufacturing
An attorney handling harmful medication claims in Texas can evaluate the specific rules for pharmaceutical product liability cases. For example, Texas Civil Practice and Remedies Code § 82.007 creates a rebuttable presumption concerning certain failure-to-warn claims when the U.S. Food and Drug Administration approved the warnings accompanying a pharmaceutical product or the warnings satisfy other requirements that the statute identifies. The statute also identifies circumstances that can overcome the presumption.
Crucial Evidence That Supports Your Claim
If you suffered a serious injury after taking medication, one of the first questions is what happened before the injury. Your medical records can help establish when you started taking the drug, your dosage, symptoms, and the treatment that followed. We can examine evidence such as:
- Scientific and medical research
- Prescription and pharmacy records
- Medication packaging and warnings
- Medical records and diagnostic testing
- FDA records and other regulatory information
- The dosage and length of time you took the medication
- Records documenting medical expenses and lost income
Our attorneys can also help secure expert testimony to evaluate dangerous medication injury cases in Texas. Depending on the circumstances, understanding the claim can require input from medical professionals, pharmacologists, toxicologists, or other qualified experts. Their opinions can help address questions about causation, the drug’s risks, and the nature of your injuries. Keeping your medication containers, prescription information, medical records, and other related documents can help preserve evidence during the investigation.
Understanding Drug Warnings Under State Law
Drug manufacturers also face particular legal issues involving warnings. State law recognizes the learned intermediary doctrine in prescription drug cases. Under this doctrine, a pharmaceutical manufacturer generally fulfills its duty to warn the prescribing physician rather than warning the patient directly.
Our legal team can investigate injury claims involving harmful drugs in Texas by looking at more than the medication label. The information the manufacturer provides to the prescribing physician, the warnings available at the time, and the circumstances of the prescription can all matter.
Contact Our Texas Attorneys About a Harmful Drugs Case Today
A serious medication injury can change your daily life. You may be facing continuing medical care while trying to understand whether the drug, its warnings, or another product-related issue contributed to your injury.
At Ted Lyon Law, we handle complex personal injury matters involving serious injuries and detailed investigations. If you need a Texas dangerous drugs lawyer, contact us to discuss what happened, the evidence surrounding your injury, and your legal options under state law.
