How Are Drugs Regulated?

Pharmaceutical companies have a duty to consumers to take necessary steps to ensure their products are safe for use. The Federal Food and Drug Administration (FDA) oversees the industry, demanding compliance with rigorous research, testing, reporting, manufacturing, and labeling requirements. Unfortunately, companies do not always satisfy these commitments, which can have devastating results for patients. When a drug manufacturer or the FDA recognizes a problem, a drug recall may occur. Sometimes market withdrawals prevent public harm, if they pull a contaminated product out of the commerce stream before it reaches consumers. However, more often, drugs are recalled after reported harm from sick patients.

Harmful Side-Effects of Medication

People take medicine to address pain and illnesses, but defective medications can cause more harm than good. A dangerous medication’s ill effects may manifest in everyone exposed to the drug, a specific subset of patients, or a limited number of individuals. Regardless of the number of people impacted, taking a harmful medication can have long-lasting, life-altering consequences, including:

  • Muscle weakness
  • Internal bleeding
  • Inflammation
  • Organ damage
  • Broken bones
  • Blood clots
  • Heart attacks
  • Strokes
  • Congenital disabilities
  • Depression
  • Early death/suicide

These side effects can result in life-long disability or an untimely death. If someone passes away due to taking a harmful drug, a compassionate Denton attorney could help their family file a wrongful death claim for damages.

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Who Is Liable for a Harmful Medicine?

When pharmaceutical companies rush through the testing and approval process, take shortcuts, or provide inadequate patient information, they could be held legally responsible for the harm that results. Texas Civil Practice and Remedies Code § 82.001 establishes strict liability for harm caused by dangerous drugs, making proof of negligent or reckless behavior unnecessary. As it is impossible to completely remove all potential side effects from a medication, drug manufacturers have a duty to warn so that patients can make informed decisions about their health. A qualified lawyer from the area could help injured patients file a dangerous drug claim based on the company’s failure to warn, even if the drug company’s inserts, labeling, and other materials received prior FDA approval.

Recoverable Damages

Whether a claimant successfully negotiates a settlement or wins at trial, the nature of their monetary award remains substantially the same. Civil Practice Code § 41.001 allows injured parties to collect economic and non-economic compensatory damages, including:

  • Medical treatment
  • Physical, occupational, and psychological therapy
  • Lost wages
  • Mental anguish
  • Disfigurement
  • Pain and suffering
  • Inconvenience
  • Decreased quality of life

If the responsible parties acted maliciously or with gross negligence, state law allows an additional award of exemplary, or punitive, damages. However, these damages do have a cap, so it is important to speak with a knowledgeable dangerous drugs lawyer in Denton about whether punitive damages apply to a specific harmful drug case.

Contact a Denton Dangerous Drugs Attorney Right Away

It can be devastating to realize a medication meant to treat you caused you harm. A dedicated Denton dangerous drugs lawyer at our firm could work tirelessly to hold big pharma accountable and secure just compensation for the harm you endured. Call our office today and schedule a free consultation.

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If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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