Clark, Love & Hutson, GP

Houston Texas Plaintiff Litigation Law Firm

When will a defective medical device in Texas be recalled?

When a person in Texas receives an artificial hip, a pacemaker or some other type of medical device implanted in them, they naturally hope for an improved condition following the procedure. Unfortunately, defective medical devices are sometimes used, and until the defect is discovered and reported, will harm those who receive them.

The U.S. Food and Drug Administration is the agency responsible for issuing recalls of defective medical devices. A medical device will be recalled if there is a defect, where the product poses a health risk or when the product is both defective and presents a health risk. The FDA will determine if the product violates FDA requirements or law, and if appropriate will classify the recall, either as I, II or III depending on how dangerous the product is. For example, a Class I recall is issued when there is a reasonable chance that the device could lead to serious health issues or fatalities.

Drugs marketed to Texans on TV may be dangerous

Television commercials advertising prescription drugs are becoming increasingly common. While some of these commercials may seem to be light-hearted or abstract, the fact of the matter is that they aim to increase the profits of the drug manufacturers. A rapidly-told list of all possible side effects can go by so quickly that consumers in Texas and nationwide may not be able to understand just how dangerous some drugs can be.

One might expect that these advertisements follow federal guidelines, but the reality may be much different. One study suggests that many of these advertisements violate federal guidelines and thus may do more harm than good. However, due to a rollback in regulations of these commercials by the U.S. Food and Drug Administration, inaccurate and misleading information can be found in some of these advertisements.

Company keeps secret the presence of asbestos in its products

Many people in Houston have used Johnson & Johnson baby powder and other products made by the company containing talc. However, they may be concerned to hear that, according to a Reuters investigation, since the 1970s Johnson & Johnson continued to manufacture and sell its baby powder product, despite having the knowledge that the talc in the products contained asbestos. These products have caused many to contract terminal illnesses, such as cancer.

Thousands of lawsuits regarding the talc have been filed against Johnson & Johnson. However, the company still claimed that its products were safe for consumers to use even though it knew that the products sometimes contained carcinogenic asbestos. Nevertheless, the company kept this vital information secret from both consumers and regulators.

Common blood pressure drugs pulled due to cancer concerns


Thousands of Americans take blood pressure medication every day. Unfortunately, manufacturers are pulling more and more of those medications from the market because of concerns over impurities found in the medication. According to the FDA, these impurities can cause cancer. Several manufacturers started pulling these medications voluntarily in July. The affected drugs include:

Investigation finds spinal-cord stimulators can be defective

Medical device companies have often promoted the use of spinal-cord stimulators to treat a litany of pain disorders. Considering our nation's opioid crisis, they may seem like a viable option for some Texans. They work by sending electrical currents throughout the spine via a battery that is implanted under the patient's skin and are controlled via an external remote control.

However, a recent Associated Press investigation has reported that spinal-cord stimulators often cause more harm than good. In fact, spinal-cord stimulators rank number three in types of medical devices that cause injuries. The U.S. Food and Drug Administration reports that there have been at least 80,000 spinal-cord stimulator injuries since 2008.

Why might a medication be taken off the market in Texas?

Texans in need of medication naturally expect that the medication has been thoroughly tested and is safe to use. The U.S. Food and Drug Administration is committed to drug safety to further that interest. Thus, in addition to approving a medication for sale, the FDA will continue to monitor a medication as it is being used by consumers. If the FDA finds that a medication presents a health risk to consumers after being placed in the stream of commerce, the agency may recall the drug. There are a variety of reasons why the FDA will take a medication off the market.

One reason for recalling a medication is that it poses a risk of health issues. As a drug is studied further, researchers could uncover a link between the medication and health problems and complications. For example, it could be found that a prescription drug increases the chances a person could suffer heart problems, kidney problems, or other serious health issues.

Company recalls 6.5 million pounds of beef due to salmonella

JBS Tolleson is recalling 6,500,996 pounds of raw beef products because the meat may be contaminated with salmonella.

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) identified the Arizona-based meat supplier as the probable source of products that caused people to become sick with salmonella. According to CNN, 57 people contracted salmonella illnesses in 16 states.

Where to turn for dangerous drug litigation advice

It is imperative that drugs sold to consumers in Texas and nationwide are safe to use. Unfortunately, in an effort to cut corners and make larger profits, some unscrupulous drug manufacturers put their product in the stream of commerce even though they know the product is unsafe for its marketed use.

These unsafe drugs have the potential to make a person very ill. After all, not only are they not being properly treated for the medical condition they have, but a dangerous drug could cause them to suffer further harm. When this happens, injured consumers may want to pursue dangerous drug litigation against the manufacturers responsible for putting their products in the hands of consumers.

Gadolinium can be the subject of dangerous drug litigation

The element gadolinium is used as a contrast dye when a patient undergoes tests such as MRIs or CT scans. However, gadolinium drugs can be very dangerous for patients in Texas and across the nation. The U.S. Food and Drug Administration has required that a "black box warning" be made a part of the drug label. However, the drug is still used and continues to harm patients due to serious side effects. Two of the most serious side effects are gadolinium deposition disease and nephrogenic system fibrosis.

Gadolinium deposition disease occurs when gadolinium builds up in a specific area of the patient's body, such as the brain, the liver, or the bones. The symptoms of gadolinium deposition disease can manifest themselves within a few days after the use of gadolinium. There is no standard treatment for gadolinium deposition disease, although anti-inflammatory medications can be used to help people with this condition.

Can Texas commercial property owners be held liable for spills?

A spill may be a nuisance if it is in your own kitchen, but a spill on a grocery store floor, ripped carpeting at a restaurant, or a broken step at a hotel could spell disaster if a patron at one of these places falls and injures him or herself. Commercial property owners can sometimes be held liable for the damages a patron suffers on their premises, but Texas residents should note that certain elements must be met to hold a commercial property owner liable in a premises liability lawsuit.

When it comes to commercial property, the owner of the property or the business must meet one of the following elements in order to be held liable for a slip-and-fall accident. Either the owner or employee must have caused the floor to become slippery or dangerous, the owner or employee must have known of the dangerous surface but failed to warn others of it or remedy it, or the owner or employee should have known that the surface posed a danger to patrons because a "reasonable" person in their circumstances would have found out about the danger and remedied it.

  • The National Trial lawyers Houston Bar Association 1870 American Association for Justice Houston Trial Lawyer Association
  • American Board of Trial Advocates HYLA Texas Trial Lawyers Association Houston Top Lawyers Texas
  • AV Preeminent Super Lawyers
  • Contact the Firm

    Learn How We Can Help You Recover

    Bold labels are required.

    Contact Information

    The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


    Privacy Policy


    Our Office

    Call Today

    440 Louisiana Street
    Suite 1600
    Houston, TX 77002

    Toll Free: 888-529-5222
    Phone: 713-757-1400
    Fax: 713-759-1217
    Houston Law Office Map

    Review Us