New Braunfels Defective Medications Attorney
Defective Drug Lawyer in Comal County, Hays County, and Guadalupe County
Each year, more Americans die from accidental poisoning than are killed in motor vehicle collisions. Due to the enormous cost of developing, testing, marketing, and selling a new drug, manufacturers often rush the medicine through the approval process. Then, once it reaches the shelves, they attempt to sell as much product as possible. Some manufacturers suppress negative information about new drugs, including their potentially lethal side effects. Other times, the "warning labels" may contain incomplete or inaccurate information, which multiplies the risk even further. In successful cases based on defective medication, juries often award millions of dollars in damages.
The aggressive team at The Bettersworth Law Firm are not satisfied with anything less than maximum compensation for injury victims. We meticulously build cases one piece of evidence at a time, then relentlessly attack the insurance companies in court. These proven methods nearly always lead to results that exceed your expectations.
Types of Defective Drugs
Like all manufacturers, drug companies have a legal duty to sell products that are safe and effective. Although this duty seems straightforward, in the never-ending quest for profits, the consumers' best interests are often lost in the shuffle. To prove a defect in court, a plaintiff can demonstrate that there was a:
- Design Defect: The drug may be based on faulty science, questionable laboratory tests, shaky clinical trials, or a similar poor foundation. Some Texas courts also require plaintiffs to prove that there was a reasonable alternative design available.
- Manufacturing Defect: Some medicines are safe when designed, but they are dangerous when they reach the shelves, because of a manufacturing error, shipping mistake, or poor warning label.
Food and Drug Administration approval of a drug is by no means a guarantee that the product is safe and effective. But the FDA often limits a drug's use or recalls it altogether, and such moves are powerful evidence of negligence in court.
Examples of Defective Drugs
Defective drugs have a long and inglorious history. A little over a hundred years ago, Bayer allegedly sold heroin as an agent to combat morphine addiction, and the now-defunct Stickney and Poor's Company claimed that its proprietary mixture of alcohol and opium could effectively quiet fussy babies. Some recent high-profile examples of allegedly defective drugs include:
- Selective Serotonin Reuptake Inhibitors: Antidepressants such as Zoloft and Paxil, and others that rely on SSRIs, have potentially dangerous side effects, including possible organ failure.
- Novel Oral Anticoagulants: NOAC blood thinners, like Pradaxa, Eliquis, and Xarelto, may cause sudden and uncontrolled bleeding in some patients, and there may be no effective antidote.
- Analgesics: Many prescription painkillers, such as Oxycontin, Vicodin, and Duragesic, are highly addictive, and they also have serious side-effects.
Victims in these cases are entitled to damages including lost wages, medical bills, and other economic losses, in addition to pain and suffering, loss of enjoyment in life, loss of consortium, and other non-economic losses. Substantial punitive damages are also available, in some cases.If a drug that was supposed to make you better failed to do its job, contact The Bettersworth Law Firm today at 830-606-0404. Since justice is blind, you need an attorney with a clear vision for success.