Texas personal injury attorney Rand Nolen wants you to know your options if you’re trying to bring a lawsuit against the manufacturer of a pharmaceutical drug.
If a drug has caused you injury, it may surprise you to learn there are several different scenarios in which you cannot sue the pharmaceutical company at all.
The first reason is if the company lied to the FDA or misled them in some way. Perhaps they hid information and that caused you harm. Legally, you cannot bring a lawsuit because in that instance the action belongs to the federal government to bring a case. In this type of case, you are unable to bring a lawsuit at all.
The other two reasons you may not bring a lawsuit against a drug manufacturer is based on what they can and cannot control. If a drug has a design defect, it has been ruled that you cannot bring a lawsuit against the company because they are not liable for that type of problem. The second reason you may not be able to bring a lawsuit against a drug manufacturer if you’re hurt is much more surprising – and even alarming! If you are taking a generic version of a brand name drug, you may not sue the manufacturer for any injuries you’ve sustained. The reason for this is that the generic brand follows the same rules and protocols of the brand they are copying and are not in charge of how the product is labeled. This is alarming because the generic market is a very large one. There are thousands of different generic drugs out there, and if you’re harmed by one, you have no recourse in bringing a lawsuit. This is definitely some information to think about when you’re looking into buying a brand name versus generic brand pharmaceutical products. Watch the video to learn more.
For more information about prescription drug law and my firm, visit our educational website at fleming-law.com, where you can view testimonials from our previous clients. If you have legal questions, I want you to call me at (888) 353-6464. I welcome your call.
Fleming | Nolen | Jez, L.L.P.
2800 Post Oak Boulevard
Houston, TX 77056