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Defective Drugs

Houston, Texas, Defective Drug Attorneys

As a consumer, you not only deserve access to prescription and over the counter drugs that are safe, but also full disclosure from the drug's manufacturer regarding the drug's potential risks and side effects. Unfortunately, these manufacturers sometimes place profits over safety, and fail in their duty to adequately test drugs and provide needed information regarding the drug's potential side effects and dangers.

If you either suspect you have been seriously injured by a drug or have been told by your doctor that you may have been injured by a drug, contact the 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.

Drugs that are more commonly litigated include:

  • Vioxx
  • Ortho Evra
  • Paxil
  • Heparin
  • Trasylol
  • Digitek

There are several types of common drug liability legal cases:

  • 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

Whether you will continue to have a right to hold pharmaceutical manufacturers responsible for failing to warn of the dangerous side effects of their products is currently being decided by the United States Supreme Court in the case of Wyeth v. Levin, which was presented to the Court on November 3, 2008.

The drug companies, along with the FDA, are arguing that once the FDA approves a label on a drug, consumers are barred from bringing lawsuits for side effects that arise from using that drug. This position is politically motivated, and in direct conflict with the FDA's 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 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.

You may review the briefs that were submitted to the Court in Wyeth v. Levine by clicking below.

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.

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