There are three ways a drug manufacturer could violate their duty to the public. The first involves a mistake made during the design or manufacturing process. These mistakes could affect everyone that takes the drug or only a specific demographic.
A dangerous drug claim could also stem from unintended side effects. While most drugs have side effects, the manufacturer could face liability for side effects they failed to identify during testing. Finally, inadequate labeling can also play a role in these cases. If the label or instructions of a drug fail to adequately warn of harmful side effects, the manufacturer could face civil liability.
Unlike other jurisdictions, there are steep hurdles for dangerous medication lawyers in Allen. There are two circumstances that provide the manufacturer with the presumption that the drug was safe.
The first, found under Texas Civ. Prac. & Rem. Code § 82.007, presumes that a drug is safe if the manufacturer can establish the labels they included are consistent with those approved by the U.S. Food and Drug Administration (FDA). The second presumption is found under §82.008. There is a presumption that the drug manufacturer is not liable for a consumer’s injuries if they can establish they complied with federal safety standards.
While these presumptions represent challenges for a person pursuing a dangerous drugs claim, they are not impossible to overcome. By working with an experienced attorney in the area, an Allen resident harmed by a faulty drug could prove the pharmaceutical company failed to meet federal requirements or should have known the drug was dangerous with proper testing.