Midland Dangerous Drugs Lawyer

You probably see commercials for all kinds of drugs on television and online, from prescription skin treatments to weight loss drugs to chronic pain relief. Perhaps you also recognize the laundry list of warnings accompanying the sales pitch for a particular drug.

Even with these warnings and the push to talk to your doctor, a drug can cause unintended side effects and even serious injuries. If you have an adverse reaction to or are harmed by a medication, a Midland dangerous drug lawyer from our firm can help you make a personal injury claim for compensation.

Dangerous Drugs as Defective Products

The term “dangerous drugs” refers to substances that are not scheduled drugs but are still unsafe for self-medication. Dangerous drugs include medications that are only legally available by prescription under federal law or only available for veterinary use, as defined by Texas Health and Safety Code § 483.001(2).

Since these drugs are available to be bought and used, issues with their safety fall under the category of defective products. A medication that does not do what it should or does damage to the body outside of known risks, might have a defect that the pharmaceutical company could be liable for preventing.

Defects can come from the design of the medication or the manufacture of it farther down the line, but a defect can also come from inadequate warning of risks associated with the drug. If a drug has a serious side effect or ends up being deadly when taken as instructed, then there could be a marketing defect if not an issue with the formulation itself.

The pharmaceutical industry and its products are complex and highly regulated, so a person injured by a dangerous drug would likely need the help of a Midland attorney.

How an Attorney Can Assist with Dangerous Drug Claims

As an initial matter, a lawyer can evaluate whether there is a claim to be made, like if there is a likelihood that a dangerous drug and a defect exist. An attorney can gather evidence and investigate the particular circumstances of a potential plaintiff, their medical history, and the drug in question.

Drug manufacturers also have the benefit of a presumption that meeting regulatory requirements (such as federal labeling specifications) protects them from liability, but that presumption can be rebutted under Texas law. In service of a plaintiff’s claim, an attorney can work to overcome that presumption and show that a drug manufacturer should still be liable for a product that harms a consumer.

A plaintiff should move quickly, though, as a claim must be filed within two years of the injury under Texas Code § 16.003, and harm from a dangerous drug might not become apparent at first. Seeking legal counsel as soon as possible can help a plaintiff preserve their ability to recover after encountering ill effects from a medication.

Perhaps most importantly for claims involving the pharmaceutical industry, a Midland attorney can assist with retaining experts to support a claim that a dangerous drug is in fact defective and harmful.

Speak to a Midland Dangerous Drugs Lawyer About Your Claim

Many people depend on one or more prescriptions to manage medical conditions and pain, and those drugs are supposed to have consistent and measurable effects. If something does go wrong with the drug’s make-up or warnings, you have the ability to recover for the harm done.

A Midland dangerous drug lawyer from Schechter, Shaffer & Harris can review your case and guide you through what making a claim will entail. Contact our attorneys to learn more about dangerous drugs and what we can do for you.