Millions of Americans are prescribed medication for various issues such as depression, pain relief, heart problems, weight loss, and many other medical and psychiatric conditions. While these medications are regulated, manufacturers and pharmaceutical companies sometimes make mistakes or rush to market new drugs, causing severe health problems or death to consumers.
If a prescription medication caused you or your loved one harm, you may be entitled to compensation for your damages and should contact a capable personal injury attorney. A Round Rock dangerous drugs lawyer skilled in dealing with pharmaceutical companies may be able to help evaluate your claim, establish your legal rights, and hold the responsible party accountable.
Statute of Limitations on Dangerous Drugs Claims
Texas Civil Practice and Remedies Code Section 16.003 sets a two-year statute of limitations for filing a product liability or dangerous drugs claim. Failure to meet this time limit could bar one from filing their claim.
This traditional two-year limitation can be open to interpretation with a skilled attorney’s legal guidance. For instance, a patient may take a drug and not know its injurious effects until after the two years expired. The individual may be able to file a dangerous drugs claim in another state whose statute of limitations is more lenient. A Round Rock lawyer could research applicable case laws and statutes to avoid the barring of a plaintiff’s dangerous drugs claim.
Types of Dangerous Drugs Lawsuits
An injured party can file a dangerous drugs lawsuit for medications that have been improperly designed, manufactured, or marketed. An improperly designed drug, considered “unreasonably dangerous,” is a rare lawsuit, as most improperly designed drugs do not pass approval by the United States Food and Drug Administration (FDA). An incorrectly manufactured drug means something happened during the manufacturing process, usually contamination, which caused the medication to become unsafe. Improperly marketed drugs mean the drug did not come with proper warning labels to make consumers aware of potential side effects, or an advertisement associated with the drug was misleading.
Learned intermediary doctrine
Round Rock has adopted the learned intermediary doctrine, a legal doctrine that is part of the injured party’s burden of proof. Under the learned intermediary doctrine, the pharmaceutical company satisfies its duty to warn the consumer of potential risks by providing adequate warning to a “learned intermediary,” i.e., the prescribing physician, who then assumes the duty to pass potential warnings to the consumer. This doctrine generally applies to a doctor-patient relationship.
A skilled Round Rock dangerous medication attorney may be able to assess the type of lawsuit that best fits an injured party’s case and work to ensure the manufacturer is held liable.
Negligence and Strict Liability
A dangerous drugs lawsuit can be brought under negligence or strict liability theory. More often, an injured party will use the theory of strict liability.
Under negligence, the injured party must prove that the defendant owed them a duty of reasonable care, the defendant breached the duty, and the breach was the proximate cause of the individual’s injuries.
Under strict liability, the individual does not need to prove the defendant breached any duty. They only need to prove that the medication was sold in an “unreasonably dangerous” condition, this dangerous condition existed when the drug left the defendant’s control, and this condition was the proximate cause of the person’s injuries.
A Round Rock lawyer knowledgeable in filing dangerous drugs claims could help determine which theory would be best to help ensure compensation and pursue it.
Consult with a Round Rock Dangerous Drugs Attorney Today
Dangerous drugs lawsuits are increasing every day. While prescription drugs can help alleviate and treat medical conditions, drug companies can still make mistakes, rush their medications to market, or withhold safety information. The pharmaceutical industry is extensive and expansive, with insurance companies and in-house counsel at their disposal.
A Round Rock dangerous drugs lawyer skilled in negotiating and taking on large manufacturers may be able to help you. You deserve compensation for your injuries and damages due to taking prescriptions or over-the-counter medications. Call today for a consultation.