Products Liability Lawyer in Texas: Understanding Defective Drugs

Contact Us

Medicine should help us, not harm us. We have a certain level of faith in our doctors, believing that they will prescribe drugs safe for us to take as directed. Unfortunately, that is not always what happens. Unexpected side effects and outcomes can lead to serious if not life-threatening injuries. If it is caused by a defective or dangerous drug, you are entitled to compensation. 

What Constitutes a Defective Drug Claim in San Antonio?

The pharmaceutical drugs available in the United States, whether they are prescription or over-the-counter, are intended to keep us healthy. However, when those drugs don't work in the ways in which they are intended, they can do the exact opposite. Because there are many different types of defective drug cases, there are naturally many different ways to prove a defective drug case. 

Three theories to prove liability in a defective drug case are strict liability, breach of warranty, and negligence. Satisfying the elements of these theories (you can invoke one or all three) means you stand a good chance of maximizing a settlement or winning a verdict award. 

Strict Liability

In certain cases, a victim of a defective drug may be able to pursue a claim against a drug manufacturer under a theory of strict liability. Strict liability is a legal theory that holds someone liable for their actions that caused an injury, even if they didn't act negligently or have any knowledge that their actions could be harmful.

Breach of Warranty

A lawsuit based on a breach of warranty is essentially a breach of contract case. There are two main types of warranties: express and implied. Express warranties are explicit promises a drug manufacturer makes that their drug will perform in a certain way. Implied warranties refer to the implicit promises that manufacturers make when they put a drug up for sale that their product is safe and effective for its intended use.


It is the responsibility of the drug manufacturer to ensure that their product is safe to use as it is intended. If they knew about the potential dangers of a given drug, or even if it can be proven that they should have known about the dangers, then they may be held liable for injuries caused by the drug under a theory of negligence.

Examples of Past Medicine Defects in Texas

Because drugs are so widely distributed and used, a defect will rarely harm only one person at a time. Rather, if a drug is defective, it is likely that many of its users will have suffered the same or similar injuries. This is why class-action lawsuits are common in defective drug cases, and why it is common to see drug companies in the news paying out settlements of many millions of dollars. 

Some drugs and issues that have been the subject of litigation because of claims that they are defective and dangerous include:

  • Zantac as a cause of cancer
  • Elmiron as a cause of blindness
  • Ranitidine as a cause of cancer
  • Metformin and its cancer-causing contaminants
  • Injectafer and its link to severe HPP
  • Pradaxa and its link to uncontrolled bleeding
  • Belviq as a cause of cancer
  • Paraquat as a cause of Parkinson's disease
  • Talcum powder as a cause of cancer

Examples of Common Texas Pharmaceutical Injuries

The exact type of injury that a defective drug might cause depends heavily on the type of drug, how it is defective, and how it affected you. However, defective drugs in the past have led to risks of: 

  • Bleeding
  • Kidney failure
  • Heart attacks
  • Stroke
  • Death

Who Is Liable for a Defective Drug Claim in San Antonio?

Once a drug is approved, there are various duties owed to consumers. For example, drug companies must meet state and federal marketing criteria. Doctors and pharmacists can only prescribe or sell the drugs for their proper and intended use and in the correct dosage. 

When pharmaceutical companies, drug manufacturers, marketers, distributors, or prescribers of drugs breach one of their duties, and you get injured, you may qualify for compensation, and the liable parties are responsible for that compensation. 

Parties that have been found liable for injuries dues to defective drugs include: 

  • Drug manufacturers
  • Pharmaceutical companies
  • Pharmacies
  • Doctors
  • Hospitals
  • Testing laboratories
  • Pharmaceutical sales representatives

Each of these parties has a variety of duties to ensure the safety of the drugs they make, test, distribute, prescribe, sell, or otherwise handle. 

5 Benefits of a Product Liability Attorney for a Defective Drug Claim in Texas

Bringing a defective claim means going up against some powerful opponents. Retaining our defective drug liability lawyer will benefit you in many ways, like:

  1. You do not have to deal with the insurance company or defendant one-on-one, but our skilled lawyer will do so.
  2. You do not have to investigate, collect information, speak to expert witnesses, and gather other evidence because we will perform those duties.
  3. You do not have to draft demand letters, briefs, motions, and other documents to secure compensation because we will use our research and writing skills to your benefit.
  4. You can rest assured that your rights and interests are being advocated for with the utmost integrity and supported by facts and the law. 
  5. You can spend your time recovering while we spend our time maximizing your compensation through your defective drug claim.

Hiring an experienced product liability lawyer for their defective drug claim gives victims the best possible shot at receiving fair compensation for their injuries.

Maldonado Law Group, PLLC Is Here for You

At Maldonado Law Group, PLLC, we focus on Municipal, Family, Business, Criminal, Estate Planning, Real Estate, Probate, Civil, and DWI Defense and we are here to listen to you and help you navigate the legal system.

Contact Us Today

Maldonado Law Group, PLLC is committed to answering your questions about law issues in Texas. We offer a free 15-minute consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.