El Paso Drug Injury Lawyers | El Paso Dangerous Drug Lawyers | El Paso Drug Recall Claims
El Paso Drug Injury Lawsuits & El Paso Drug Recall Lawsuits
As a nation, we rely upon pills to “fix” whatever it is that ails us — from heartburn to allergies, high blood pressure to arthritis, and insomnia to restless leg syndrome. The drug companies invest billions of dollars into research each year, developing and marketing drugs for consumer use. Last year alone, the pharmaceutical industry invested some $12.6 billion in new drug development. And, historically, the amount invested in drug development has doubled every five years. This can be a good thing. Sometimes, however, the “push” by the manufacturer to get a drug onto the market can cause health problems for unknowing consumers, often much more serious than the ailment the drug was being used to treat in the first place.
El Paso residents take prescription and over-the-counter drugs each day and suffer from a variety of unnecessary, drug-related side effects. It is in these situations that an El Paso drug recall attorney can help you.
Over the past two decades, large pharmaceutical companies have put increasing pressure on the Food and Drug Administration (FDA) to grant approvals faster and to implement less stringent testing processes. Unfortunately, sometimes when the FDA approves a drug it is later discovered that it causes many more medical problems and harmful side effects than initially projected. In fact, Consumer Reports found that one out of every six Americans has experienced a prescription drug related side effect serious enough to require medical treatment in a hospital. Imagine if one out of every six of your friends or family members in El Paso, Texas were hospitalized due to adverse reactions to their medications!
Drug Recall Attorneys in El Paso, Texas
Occasionally, pharmaceutical companies end up recalling drugs when the side effects and complications are too dangerous or a batch is contaminated. The FDA Twitter Recall account Tweets all FDA recalls. El Paso recall drug lawyers are well aware of the special Texas Rule of Evidence 407(b) pertaining to recall evidence being used at trial. Other times, however, the drugs are never recalled at all. The result is that injuries and ailments both in Texas and across the country are commonplace and El Paso dangerous drug injuries are often overlooked. If you are a victim of a dangerous drug, contact an experienced El Paso drug injury attorney today for a consultation regarding your legal rights.
Who brings El Paso, TX drug injury lawsuits?
Obviously the injured person but, in severe cases where the drug or medical implant actually ended up killing your family member, a wrongful death fatal drug reaction may be filed in El Paso, Texas El Paso County District Courts. and El Paso County drug injury lawsuits cases are brought by persons when a dangerous drug causes them injury. Usually, the product is known to be potentially dangerous and is sold without a proper warning to the consumer. It does not matter if the drug is received via prescription or over-the-counter in a local El Paso area drugstore. If you or a loved one has suffered injury and you believe that a dangerous drug is to blame, contact an El Paso drug recall attorney today.
What Drugs Have been Recalled by the FDA?
If you have questions about a drug, contact a local pharmacist in El Paso. The following pharmacies are in the El Paso area:
McCrory's Pharmacy, INC.
#100, 6151 Dew Drive
El Paso, TX 79912
2800 North Mesa Street
El Paso, TX 79902
6375 Montana Avenue C
El Paso, TX 79925
7555 North Mesa Street
El Paso, TX 79912
3100 North Mesa Street
El Paso, TX 79902
Costco El Paso
6101 Gateway Boulevard West
El Paso, TX 79925
11330 Montwood Drive
El Paso, TX 79936
Med Time Pharmacy
641 North Resler Drive #306
El Paso, TX 79912
116 West Castellano Drive
El Paso, TX 79912
What are the duties of a drug manufacturer or pharmaceutical company regarding the safety of their products?
The obligation of a drug manufacturer is to make a safe product. This includes the obligation to design, manufacture, inspect, and label a drug appropriately. They must provide patients and physicians complete safety information about their product. If a drug manufacturer fails to warn the public about any serious side effects associated with taking its drugs and the drug is responsible for causing you harm, then the company can be held liable for medical expenses, therapy and treatment, lost income, and non-economic damages, such as pain and suffering.
Serious side effects related to the use of dangerous prescription drugs include:
- Heart attack
- Bone fractures
- Psychological imbalances
- Birth defects
- Kidney failure
- Cardiovascular problems
- Stevens Johnson Syndrome
- Sleepwalking, sleepdriving, and amnesia
- Multiple Sclerosis
If you or a loved one has experienced a serious side effect as a result of an unreasonably dangerous drug, you are entitled to compensation from the manufacturer. Contact a local El Paso drug products liability attorney today.
|Avandia||Digitek Drug Recal||Cialis||Celebrex||Fen Phen||Fosamax||Bextra|
Therapy (HRT) Products
Side Effects, Tardive Dyskinesia
|Rezulin||Zelnorm||Serzone||Phenylpropanolamine (PPA)||Selective Serotonin Re-uptake Inhibitor (SSRI)|
Drug related injuries are caused by:
- Drugs sold without warnings as to the hazards of use with certain other drugs;
- Drugs sold with side effects; and
- Drugs sold that tend to cause long term use, or withdrawal symptoms that occur when trying to reduce the dosage or quit using the drug altogether.
Types of Drug Labels and “Black Box” Warnings
A black box warning is a type of warning that appears on the package insert for prescription drugs that may cause serious adverse effects. It means that medical studies indicate that the drug carries a significant risk of serious or even life-threatening adverse effects. The FDA can require a pharmaceutical company to place a black box warning on the labeling of a prescription drug, or in literature describing it. It is the strongest warning that the FDA requires. These so-called “black box” warnings have even been placed on anti-depressants for children, since an alarming number of children have committed suicide while taking anti-depressants.
Also, the FDA has supplied guidance on what should be included as to drug reactions, and how adverse reactions should be presented in drug warnings. An El Paso, TX drug recall lawyer can advise you on whether a proper warning is present on a drug you have taken and whether you may have a claim against the manufacturer.
What are the ways El Paso, Texas, residents can bring lawsuits for Defective Drugs?
El Paso drug injury lawsuits may be brought in three different ways:
- Individually, in El Paso County Civil Court or in El Paso County District Court;
- As a group, through Drug Injury Class Action lawsuits; or,
- As a group, through Multi-District Litigation.
Also, El Paso lawyers may sue the pharmacy for misfilling a prescription. See below for more information on El Paso, Texas class action lawsuits and multi-district litigation suits involving dangerous drugs. El Paso drug recall attorneys are some of the best in the nation and are able to bring multi-district or class action lawsuits in defective drugs cases. Click here to read the Texas Products Liability Statute.
El Paso Drug Class Actions
El Paso Drug Class Actions are seen very rarely after a series of Texas Supreme Court rulings that placed obstacles in the way of certifying and winning a dangerous drug class action lawsuit. Additionally, the Texas Legislature adopted Chapter 26 of the Civil Practice & Remedies Code, which also places obstacles on the formation, or certification, of class actions. Finally, under President Bush, Congress passed the Class Action Fairness Act (CAFA) which is found in 28 U.S.C. 1332(d)(2), which severely tightened the availability of national class action lawsuits. However, in certain cases, a judge may certify a class action lawsuit, and this happens occasionally with defective drug lawsuits. If you believe a defective drug has injured you, contact an El Paso class action drug recall attorney today.
Multi-District Litigation (MDL) Drug Lawsuits
Often, drug manufacturers will try to consolidate many individual lawsuits that are filed in various areas of the country into one central region of the country. This request is made under 28 U.S.C. § 1407. Examples of MDLs pertaining to drugs are:
- Bayer Aspirin
- Epogen & Aranesp
- Vytorin & Zetia
If an MDL has been formed pertaining to a drug that you took and from which you may have suffered adverse effects, it is essential that you retain a lawyer that actively practices in Federal Court and is familiar with the very specialized practice in MDL. El Paso products liability attorneys are experienced in handling MDL and complex class actions lawsuits.
Who may be Liable for a Drug Injury?
The designer, manufacturer, and others involved in the chain of commerce, including the distribution of the products that caused the injury or illness, can be held liable for injuries and illnesses caused by the defective drug. El Paso drug injury lawyers will identify and pursue claims against all potentially liable parties.
Steps to make a claim for El Paso defective drug injuries:
You must be able to prove that you took the drug. If it was purchased over-the-counter, then a receipt or a credit card statement would do;
You need to show that the drug caused a physical injury or illness (including psychological and/or mental illness) as the result of a defect in the medication or its labeling;
- If you or a loved one has been injured or has fallen ill due to what you believe is a defective drug product, do not delay in seeking immediate medical attention, as prompt diagnosis and treatment may help to avoid irreparable damage. It is also important to take immediate legal action, as restrictive Statutes of Limitations can prevent you from collecting the compensation to which you are entitled. For more information, contact one of the skilled El Paso defective drug litigation attorneys listed at the top of this page.
How can an El Paso Drug Recall Attorney help you?
An experienced lawyer can help you recover the money you deserve. Texas law limits the amount of time you have to file a lawsuit under something known as a Statute of Limitations. After the applicable time period has passed, you may be legally barred from exercising your rights. In Texas, the limitations period is two (2) years from the date that the cause of action accrues, which is usually the time of injury. If you or a loved one has experienced a severe adverse reaction to a prescription or over-the-counter drug, it is in your best interest to contact an El Paso personal injury drug attorney who will fight to get you the settlement you deserve.
Successful defective drug litigation sends a clear message to the pharmaceutical industry about accountability and consumer safety. A qualified defective drug lawyer can uncover all of your legal rights and discuss your litigation options with you.
Some of the courts in which an El Paso County Dangerous drug lawsuit may be filed in:
El Paso County 388th Family District Court
El Paso County 448th Civil District Court
El Paso County - County Court at Law No. 1
El Paso County - County Court at Law No. 2
El Paso County - County Court at Law No. 3
El Paso County - County Court at Law No. 4
The Civil District Courts for El Paso and El Paso County are located at:
El Paso County Courthouse
Helpful Resources for El Paso Residents
FDA site for Drug Recall and Drug Safety Alerts
FDA site for Dangerous Drugs
MedWatch is an online system whereby consumers can report serious reactions and side effects from medications, dietary supplements, and herbal remedies. The FDA recommends consulting your doctor for help with filling out the forms.
FDA Contact Information
FDA El Paso District Office
Hospitals in the El Paso County Area
El Paso Specialty Hospital
Highlands Regional LP
Las Palmas Medical Center
Mesa Hills Specialty Hospital
Physicians Hospital - East
Providence Memorial Hospital
Sierra Medical Center
Triumph Hospital El Paso
Personal Injury Attorneys Serve El Paso and Surrounding Cities
Serving clients throughout Western Texas, including Anthony, Belen, Borderland, Buena Vista, Buford, Butterfield, Canutillo, Chaparral, Clint, El Paso, Ft. Bliss, Horizon City, Loma Terrace, Prado Verde, Santa Martina, Socorro, Sparks, Vinton, Westway, and other communities in El Paso County.
Don’t be a victim any longer. Contact an El Paso County personal injury attorney today for a FREE INITIAL CONSULTATION.