FAQs: Defective Drug Liability Lawyers in Texas

Q: How do defective drugs become available to consumers in the first place?

A: It happens more and more as pharmaceutical companies are driven by greed, they rush clinical trials and try and streamline the amount of research on a new drug in order to get faster FDA approval and get it on the market faster so they can recoup some of their research and development money. The manufacturers will also downplay adverse side effects or even conceal some of the test result data from researchers that write drug safety profiles. The FDA does not have the time or money to run follow up testing to make sure their claims are correct, so the defective drugs get approved based on the manufacturer's information.


Q: How can I avoid injury from a defective drug?

A: It is very important to communicate with your doctor or healthcare professional when you are prescribed a drug. Sometimes doctor's appointments can be rushed or short, but you need to ask questions and make sure you get answers from your doctor when taking a prescription medication. Make sure you give your doctor your complete medical history and a list of current medications and any vitamins or supplements you may be taking. Give your doctor a complete idea of your lifestyle and ask about both the benefits and risks of taking the drug. You should only take drugs as they are intended and as the prescription indicates, never more, and you should not take any drugs that aren't prescribed to you. And of course, report any unusual symptoms or feelings you may have to your doctor when you begin taking a new medication.


Q: I used the Ortho Evra birth control patch for 5 years and I heard it has some serious side effects, do I have a personal injury case?

A: In order to file a personal injury claim against any drug company, you need to have already experienced an injury that was due directly to the use of the drug. If your health is fine, you probably do not have a case. If you are having health problems and your doctor advises you that it could be a result of using the patch, then you should consult an attorney immediately to discuss your case.


Q: My father passed away last year and I know he had been taking Vioxx for a few months before he passed away. Does my family have a case against the manufacturer?

A: You may have a case against Merck, the manufacturer of Vioxx, but it depends on the causes of your father's death and any other health problems he had at the time of his passing. You will need to consult your father's doctor(s) and medical records and then contact an attorney for further discussion to help you determine if you have a liability case on behalf of your father's estate.


Q: What are the responsibilities of a pharmaceutical company to the general public?

A: It is the responsibility of drug manufacturing companies to thoroughly test all drugs before they are submitted to the FDA for approval. There should be numerous clinical trials to fully expose any adverse side effects. They should also fully and properly disclose all information about the drug in the product packaging and provide warning to consumers of any and all possible side effects from taking the drug. This full disclosure will hopefully help prevent consumers from misuse and any resulting adverse events. According to the strict product liability laws, a drug manufacturer can be found liable for any serious injuries or deaths resulting from the use of their product, even if they tried to warn the consumer.


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