Clark, Love & Hutson, GP

Drug companies, others can be liable for defective drugs

At some point, nearly every Texan does it: they take medicine. Maybe they have a cough that does not go away, a headache that won't quit or something worse. Whatever the reason, Texans expect the medicine to do as intended. Normally that expectation is met. But not always. Sometimes something goes awry, leaving the person worse off than before. When a pharmaceutical drug causes harm, many people may be liable for the injury. To learn more, keep reading.

Pharmaceuticals go through many stages of testing. These tests are based on criteria set forth by the U.S. Food and Drug Administration. If the drug passes those tests, the FDA will normally license it.

But just because a drug leaps these hurdles does not mean that the company is off the hook if its drug is later proved defective. To the contrary.

Nor is the drug company necessarily the only party that may be on the hook for itsdefective drug. In many instances, there are intermediaries between the drug manufacturer and the consumer. For example, in a typical sequence, a doctor will prescribe the drug, a nurse will instruct a patient on how to use it and a pharmacist will fill the prescription. A mistake in these intermediate steps may mean more than just the drug manufacturer is liable for the resulting injury.

As the sequence above underscores, when a drug causes harm, there may be many people at fault. Identifying each of these people can be essential to ensuring that an injured Texan ultimately receives the compensation they need and deserve to get through a difficult time. Compensation can include for medical bills, lost wages, pain and suffering and more.

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