Texas Defective Drug & Pharmaceutical Recall Lawyer
News Update: On March 4, 2009, the United States Supreme Court ruled against the pharmaceutical industry, confirming that consumers may hold pharmaceutical manufactures accountable for personal injuries when the company fails to warn of the dangers associated with its drugs. See below for more information, including a copy of the court's opinion.
Full Disclosure & Access to Safe Prescription and Over-the-Counter Drugs
As a consumer, you not only deserve access to prescription and over the counter drugs that are safe, but you're also entitled full disclosure from the drug's manufacturer regarding the drug's potential risks and side effects. Unfortunately, drug manufacturers sometimes place profits over safety, and, as a result, fail in their duty to adequately test their products and provide needed information regarding the drug's potential side effects and dangers.
If you suspect that you have been seriously injured by a prescription or over-the-counter drug or have been told by your doctor that you may have been injured by a drug, contact the experienced pharmaceutical lawyers at Fitts Zehl, LLP.
Houston, Texas, Defective Drug and Injury Lawyers. Call 866-586-8988
Attorneys Ryan Zehl and Bryant Fitts are experienced in all forms of personal injury litigation. We have handled numerous defective drug cases and are currently representing a number of plaintiffs in cases against some of the largest pharmaceutical companies in the world, including GlaxoSmithKline and Bayer.
Several common drugs that have been associated with adverse affects:
- Vioxx
- Ortho Evra
- Paxil
- Heparin
- Trasylol
- Digitek
Three types of liability theories that can be used to hold pharmaceutical manufactures accountable:
- Defective design. If a drug is defectively designed, it is typically unsafe regardless of how it is used.
- Defective manufacturing. Unlike with a defective design where all the products are dangerous, a defect in the manufacturing process only affects certain products. Only certain pills and other doses of a defectively manufactured drug are dangerous due to errors in manufacturing.
- Failure to warn: These claims are generally the most common pharmaceutical claims. The plaintiff in a failure to warn case is alleging that the drug is dangerous because the manufacturer failed to fully and adequately warn him of the defects or risks associated with taking the drug.
The pharmaceutical lawyers at Fitts Zehl handle failure to warn, defective design, defective manufacturing and many other claims against drug companies. These companies can be liable for damages under state law if they manufacture dangerous drugs, fail to disclose relevant information, or fail to perform adequate testing.
Defective Drug Litigation Before The U.S. Supreme Court: Wyeth v. Levine
On March 4, 2009, the United States Supreme Court ruled against the pharmaceutical industry and upheld a consumer's right to hold drug manufacturers responsible for failing to warn of the dangerous side effects of their products. The decision, which was a major victory for consumers, confirms that drug companies cannot place profits over a patient's safety by failing to fully disclose the side effects associated with their products.
Wyeth, a drug manufacturer and the defendant in the case, argued that because the FDA approved the warning label on their product, Mrs. Levine, the plaintiff in the case, was barred from bringing a lawsuit after she had to have her arm amputed from using one of their products. This position—which gained momentum among drug manufacturers during the Bush administration—was politically motivated, and in direct conflict with the Food & Drug Administration's (FDA) position for the past 20 years: that state lawsuits complement the FDA's approval process and help ensure that drugs are safe and effective. For the first time in its history, the New England Journal of Medicine, one of the most prestigious and preeminent sources for medical information, wrote a brief to the United States Supreme Court urging it to reject the arguments presented by the FDA and drug companies, and preserve the consumer's right to hold drug companies accountable when they hide the dangers of their products. The court agreed with the New England Journal of Medicine, overruling a number of lower courts that held that a plaintiff was barred from bringing a lawsuit against a drug manufacturer if the FDA previously approved the drug's warning label.
You may review the Supreme Court's opinion in Wyeth v. Levine, as well as the briefs that were submitted by the lawyers, by clicking below:
- Wyeth Opinion
- Petitioner's Brief
- Respondant's Brief
- Petitioner's Response
- Amicus Brief by New England Journal of Medicine
Contact Us
If you have questions regarding injuries due to defective drugs, contact the pharmaceutical attorneys at Fitts Zehl today. We offer free initial consultations and are available for evening and weekend appointments. Because we exclusively work on a contingency-fee basis, you pay nothing if we don't recover damages in your case. Our offices are centrally located in the Galleria Financial Center. To contact us, call 866-586-8988.
