Clark, Love & Hutson, PLLC

Houston Texas Plaintiff Litigation Law Firm

Taking the fight to drug companies that make dangerous mistakes

In America today, we live in a society that is flooded with prescription and over-the-counter drugs. This can be a good or bad thing. While some prescription drugs are of great use, others can be dangerous and addictive. When drug companies make dangerous mistakes with prescription medication, or even over-the-counter medication, those companies need to be held accountable for the harm they cause.

For most Texas residents, it is beyond belief that a drug company would keep a dangerous drug on the market. But, the unfortunate reality is that this happens all too often. When you think about it, we have all seen commercials that advertise some pill or other medication that has a very specific benefit, but that also comes with a laundry list of potential side effects. Despite all of the testing that occurs before medications are released, sometimes drug companies know that the "cons" outweigh the "pros" and they release the drug anyways. In other instances, drug makers simply fail to disclose potential side effects because they belief the risk of those side effects presenting is miniscule. Regardless of a company's intentions, a hazardous product poses a significant risk to consumers and can leave them seriously injured.

Holding large corporations accountable through litigation

The word "litigation" naturally makes many people nervous. After all, the vast majority of people in Texas and throughout the country have never been involved in a lawsuit of any kind, except perhaps in a divorce or small claims case. In complex litigation, specifically, many people may think that the legal hurdles are simply insurmountable. That is where our law firm comes into play.

At our law firm, we work with Texas residents to hold large corporations and other entities accountable through litigation. Whether the claim at issue involves defective medical devices, dangerous prescription drugs or even commercial litigation, we work hard to get the right results for our clients.

Epilepsy drugs linked to birth defects

If you have epilepsy, you know how easily it can interrupt your day-to-day life. It can affect the activities you’re involved in as well as your relationships. Medication can help you manage your symptoms, but can it cause unintended harm to your unborn child?

A recent study focused on 1 million births between 2011 and 2015 found two anti-epileptic drugs linked to birth defects: valproic acid and topiramate. When studies like these come up it is important to understand the facts, your chances and to consider your options very carefully. However, if you are pregnant and take seizure medication it would be natural to ask:

What Texans should know about medical malpractice

Some ailments, such as the common cold, are minor. They may cause some discomfort for a few days but can be taken care of at home and go away on their own. Other ailments, however, are much more serious. Some serious illnesses, such as cancer, require immediate medical care. However, if a disease goes undiagnosed or is improperly treated, it could make a bad situation worse. The victim will continue to suffer not just from the disease that is going untreated, but also possibly from the wrong treatment being administered.

In situations like this, a person in Texas may incur many expenses, including medical expenses, lost wages and pain and suffering. These expenses are made all the harder to bear knowing that they could have been avoided had proper measure taken place. In some cases, it may be possible to pursue plaintiff litigation in the form of a medical malpractice claim against the negligent physician or medical center. However, certain elements must exist for a viable medical malpractice claim to proceed.

Plaintiffs prevail in defective medical implant case

Surgical implants can do a lot of good, but if they are defective they can do a lot of harm. Many women in Texas and nationwide have had procedures to place pelvic mesh in their bodies. However, some types of pelvic mesh implants have proven to be defective, leading to painful injuries for patients.

Ethicon, a subsidiary of Johnson & Johnson, has been ordered following a jury trial to pay $80 million in damages to a couple over the company's pelvic mesh product. Of those damages, $30 million were compensatory and $50 million were punitive.

Even FDA cleared medical devices can be defective

When it comes to medical devices, patients in Houston may feel secure if they learn that the device is cleared by the U.S. Food and Drug Administration. However, this security can be misleading. This is because there is a significant difference between a product being FDA cleared and FDA approved.

The FDA regulates prescription drugs, over-the-counter drugs, biologics, medical devices and surgical implants, among other products. If a product is FDA approved, this means that the FDA has determined that the benefits of the product are greater than any known risks that may accompany the use of the product in the way it was intended. For FDA approval, the manufacturer of the product must provide the agency with a premarket approval application as well as the results of the clinical tests of the product. FDA approval is generally required to sell products in the nation that have a significant benefit but also present the potential for significant risks. Class III medical devices, such as pacemakers, breast implants and replacement heart valves must be FDA approved.

Dangerous drug litigation can be complex, but not impossible

Manufacturers of prescription medications have a duty to make sure their products have been thoroughly tested so they are safe for consumers. In fact, the U.S. Food and Drug Administration has testing criteria that drug manufacturers must follow. However, consumers in Houston may be disturbed to hear that even medications that were licensed by the FDA could be defective.

Prescription medication usually have a "learned intermediary" - a person who prescribes the medication or fills the prescription, thus being essentially a person who plays a role in-between the medication being manufactured and the medication reaching the hands of the consumer. This can make determine who can be held liable in dangerous drug litigation complex.

Texans will have more access to information on medical devices

While dangerous medical devices are receiving more attention in the news these days, it can still be difficult for patients in Texas and across the United States to determine whether a medical device they are considering putting in their body is dangerous or has a history of being defective. Americans should be able to depend on the agencies governing medical devices to inform them when a device causes harm. Unfortunately, until recently this has not been the case.

The U.S. Food and Drug Administration (FDA) has stated that it will end a program that had allowed manufacturers of medical devices to keep reports of harm concealed from U.S. citizens. The program, known as "alternative summary reporting" is two decades old but has collected and kept secret thousands of reports of harm caused by medical devices. The FDA plans to open these records to the public within a matter of weeks.

Report: arsenic found in bottled water

You trust that the products you consume are safe from harmful substances. If a product becomes contaminated, the company issues a recall, right? That isn’t always the case.

Consumer Reports reports that the Keurig Dr Pepper company has sold an imported bottled water containing twice the legal limit of arsenic in the United States. The report stated that the Food and Drug Administration (FDA) flagged the product but may have known about the contamination as early as 2013. Both the company and the Mexican government are now investigating these claims.

Texans harmed by dangerous drugs deserve justice

Modern medicine is truly remarkable. It seems as if advancements in the medical world are being made every day. However, it is essential that drug manufacturers thoroughly test their products before putting them on store shelves, to ensure consumers in Texas and across the nation are safe.

Unfortunately, sometimes in a quest to get their product on the marketplace before competitors do, drug manufacturers let dangerous drugs slip through the cracks -- or worse, knowingly leave a dangerous drug on the market. It is essential that drug manufacturers are held accountable in such situations. This is because a dangerous drug can cause a patient to suffer a worsened condition or even death.

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