Defective drugs are responsible for billions of dollars in medical expenses and unnecessary pain and suffering in the United States every year. The Food and Drug Administration reviews the safety and effectiveness of every drug on the shelf, but dangerous drugs still end up on the market.
Drug recalls are an effective method to ensure consumers don’t take the defective medication, but those who have already suffered damages have the opportunity to take legal action against pharmaceutical companies.
Attorney for Drug Recall in Montgomery County, TX
If you or someone you love has died or been adversely affected by a recalled medication, you have the right to compensation. Evans & Powell, PLLC is experienced in dealing with pharmaceutical companies who’ve sold defective drugs and we will do everything in our power to ensure you are properly compensated.
Call Evans & Powell, PLLC today at (713) 622 - 2000 to schedule a free case consultation, or submit your information in the online contact form. We represent clients who have been affected by drug recalls in communities in Montgomery County and Harris Count such as Conroe, Magnolia, The Woodlands, Spring, Houston and other surrounding areas.
Overview of Drug Recall in Montgomery County, TX
Recalling a drug is the most effective way to protect consumers from a potentially harmful or defective medication. The manufacturer or the FDA can recall drugs. When a drug is recalled, the FDA will classify them into one of three categories:
Class I: If the use of a drug poses a significant and immediate danger of death or other serious injuries, it will be classified as a class I recall. This is rare, but they are the most urgent.
Class II: If using a drug involves no immediate danger of death or serious injury, but the risk is still present, the FDA will classify the drug as a class II recall. This is a moderate threat level recall.
Class III: The use of, or exposure to this type of recalled drug is likely not to cause any immediate or perceived danger of health issues. These drugs are typically ones that violate FDA regulations.
Over four million people are sent to the emergency room, doctor’s office or outpatient facility every year because of adverse reactions to medication. While every over the counter and prescription drug has a list of potential side effects, many potential side effects can go unlisted or found out later which could trigger a recall.
Some of the injuries and illnesses caused by dangerous pharmaceutical drugs include the following:
- Kidney failure
- Liver damage
- Birth defects
- Brain damage
- Blood disorders
- Gastrointestinal issues
- Pregnancy complications
- Heart disease
- Mood disorders (depression, suicidal thoughts)
- Developmental disorders
- Physical deformities
Drug recalls in Texas are not typically considered medical malpractice; instead, they fall under product liability law. A product liability case is an action taken against a seller or manufacture of a product for compensation of damages that were caused by a defective product, so in this case, a defective drug.
In most recall cases, there is some sort of defect that gives rise to liability. Receiving a recall notice is acknowledgment from the pharmaceutical company that there is a defect, and if you have been harmed by a drug, you could be entitled to compensation. These claims can include a defect in design, manufacturing and warnings and labeling. Listed below is a further explanation for each claim.
Warning/ Labeling Defects: A patient may take a medication and experience adverse side effects that were not listed on the packaging. It’s worth noting that manufacturers are not required to list every risk associated with a product.
Manufacturing Defect: This is the most common cause of product liability claims and it is the result of an error in assembly that is not supposed to be part of the product. This can include contaminants and impurities in the drug.
Design Defect: This refers to a flaw in the original design that caused a drug to be dangerous to consumers. When determining if a design defect exists, there are three questions that are asked. Those questions include:
- Was the design dangerous before production?
- Could another design have been used that would not have changed the purpose of the product?
- Was there reason to believe the product could have harmed the consumer?
Additional Resources for Drug Recall in Harris County, TX
FDA Drug Recalls– Visit the FDA website to view a current list of the recalled medications in the United States. The list includes the name of the recalled drug, the reason it was recalled, the manufacture and a description of the drug. You can also view a list of all recalled FDA regulated products and learn more about the FDA’s role in recalling drugs.
Section 16.003 Two-Year Limitations Period– Follow this link to read the full text of the section that governs how long an individual has to file a personal injury claim in Texas. The statute can be read on Find Law.com, an online source for legal information.
Lawyer for Drug Recall in Harris County, TX
Evans & Powell, PLLC is here to help those affected by drug recalls. We have experience dealing with pharmaceutical companies, and we will strive to achieve the best possible outcome for your situation.
Call Evans & Powell, PLLC today at (713) 622 - 2000 or submit your information in the online contact form. We proudly represent clients with product liability suit in communities across Harris Coutny and Montgomery County such as Houston, Spring, Pinehurst Cut and Shoot, Panorama Village and numerous others.