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Are Unsafe Drugs Illegal?

The Texas Dangerous Drug Act of 1993 created the Texas Health and Safety Code that defined what constitutes a dangerous medication. According to the Texas Health and Safety Code § 483.0001, hazardous drugs are those not featured in Schedules I through V or Penalty Groups 1 through 4 of the Texas Controlled Substances Act. These drugs cause harm when used for self-medication. Texas laws distinguish between dangerous drugs and controlled substances. Dangerous medicines do not undergo strict regulation, which makes them harmful when abused or otherwise misused. Controlled substances include street drugs such as methamphetamine, crack, and heroin, as well as prescription drugs such as morphine. The Health and Safety Code also notes that all harmful medications must include labeling that warns of potential health risks. When drugs are taken as prescribed but cause harm that is not listed on the warning label, a patient and a local attorney could have grounds for civil action.

Types of Dangerous Medications

There is a wide variety of medications on the market that can potentially cause bodily injuries and impairments, including:

  • Zoloft — an antidepressant medication linked to birth defects
  • Viagra — a drug for erectile dysfunction that can cause priapism and sudden vision loss
  • Depakote — an anticonvulsant drug that can cause congenital disabilities
  • Pradaxa — a blood-thinning medication connected to bleeding-related injuries
  • Paxil — an antidepressant drug that can cause suicidal tendencies, serotonin syndrome, and birth defects
  • Lipitor — a cholesterol lowering drug related to liver damage and Type 2 diabetes development
  • Yaz — a birth control pill linked to blood clots, pulmonary embolisms, heart attacks, and strokes

People who have taken these medications and suffered the relating harm should speak with an attorney in Parker immediately. An experienced legal professional could provide guidance about what the best course of action could be.

Establishing Pharmaceutical Company Liability

Determining liability in a harmful drug case depends on whether the product was inherently dangerous from faulty design or endured manufacturing errors, such as contamination. Marketing defects, or “failure to warn” issues from insufficient labeling also provide grounds for legal action.

A local attorney could build a claim stating the pharmaceutical company did not properly test the design of the drug or issued a product that was contaminated or featured a harmful ingredient. A lawyer could also build a claim stating the company intentionally or negligently withheld information about the harmful side effects of their product, resulting in the patient’s harm.

However, these companies are not always the ones responsible in dangerous medication cases. Healthcare practitioners could be liable if they prescribed a medication without review patient health conditions and allergies resulting in harm to the patient. A pharmacist could be found responsible if they administered the wrong medication, dosage, or failed to keep the drug free of contaminants.

Discuss Your Defective Drug Case with a Parker Attorney

Making a claim against a drug company or other applicable party lets other consumers know the medication is dangerous and should be used with extreme caution. If you believe you have a case, contact a Parker dangerous drugs lawyer today to discuss your options. You may be eligible to join a class action suit. Call today.

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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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