Hurt by Defective Drugs? Texas Injury Lawyers Can Help

Understanding Defective Drug Claims in Texas

Defective drug claims in Texas may allege a design defect, a manufacturing defect, or a marketing defect (failure to warn or instruct). See Texas Civil Practice and Remedies Code Chapter 82. A design defect claim requires proof of a safer alternative design. For prescription drugs, these principles operate alongside pharmaceutical-specific doctrines.

Texas follows the learned intermediary doctrine, meaning a manufacturer’s duty to warn generally runs to the prescribing healthcare professional rather than directly to the patient. Texas also provides a rebuttable presumption that an FDA-approved warning is adequate for pharmaceuticals, subject to statutory exceptions and federal preemption limits.

FDA approval does not automatically bar all state-law claims. For brand-name drugs, failure-to-warn claims are generally not preempted absent clear evidence the FDA would have rejected a label change. By contrast, most failure-to-warn and design defect claims against generic manufacturers are preempted because generics must match the brand’s design and labeling.

Common Ways Drugs Can Be Defective

• Design defects: The formulation poses unreasonable risks compared with a feasible safer alternative design.
• Manufacturing defects: A departure from the intended design during production, such as contamination or quality control failures.
• Failure to warn: Inadequate labeling, missing contraindications, or insufficient instructions provided to the learned intermediary.

Who May Be Liable

Potential defendants can include brand-name manufacturers, generic manufacturers (subject to preemption constraints), component suppliers, and in limited circumstances non-manufacturing sellers or distributors. Texas’s innocent seller statute generally shields non-manufacturing sellers unless specific exceptions apply. Claims involving pharmacies and healthcare providers are assessed under distinct standards.

Evidence That Strengthens Your Case

• Medical records showing diagnoses, prescriptions, dosages, timelines, and treating providers
• Pharmacy records and pill bottles with lot and NDC numbers
• Packaging, inserts, and Medication Guides
• A symptom and adverse event timeline (journal)
• Expert opinions on defect and medical causation
• Correspondence with insurers and manufacturers
• FDA safety communications, label changes, or recalls related to the drug

Potential Compensation

Depending on the facts and applicable Texas law, recoverable damages may include medical expenses, future care, lost wages and earning capacity, pain and suffering, physical impairment, and in limited cases exemplary damages.

FDA Recalls and Safety Communications

An FDA recall, safety communication, or labeling change can support a defect or notice theory, but a recall is not required to bring a claim, and the absence of a recall does not bar you from pursuing one.

Deadlines to File in Texas

Texas generally requires personal injury and product liability suits to be filed within two years, and most product liability claims are also subject to a 15-year statute of repose starting from the product’s first sale, with limited exceptions. The correct deadline depends on the claim type, discovery of the injury, and the product’s sale date. Speak with a lawyer promptly.

How a Texas Injury Lawyer Can Help

• Investigate defect theories and identify all potentially responsible parties
• Preserve evidence, including product samples and pharmacy data
• Work with medical and scientific experts on causation
• Handle communications with insurers and manufacturers
• Evaluate settlement options and litigate if needed
• Track and meet all procedural and timing requirements

FAQ

Do I have a case if my drug was not recalled?

Yes. A recall is not required. Liability can be based on defects or inadequate warnings proven through medical and scientific evidence.

Can I sue a generic manufacturer?

Many failure-to-warn and design defect claims against generic manufacturers are federally preempted. An attorney can evaluate viable theories and parties.

What is the learned intermediary doctrine?

Manufacturers generally discharge their duty to warn by providing adequate risk information to prescribing healthcare professionals rather than directly to patients.

How long do I have to file?

Texas often applies a two-year limitations period and a 15-year statute of repose for most product claims, subject to exceptions. Deadlines can vary.

What will it cost to hire a lawyer?

Many defective drug attorneys offer free consultations and work on contingency, meaning you pay no attorney’s fees unless there is a recovery.

Free Consultation

If you or a loved one was harmed by a prescription or over-the-counter drug, our Texas product liability team can evaluate your situation and explain your options. Contact us for a free consultation today.

Sources

• Tex. Civ. Prac. & Rem. Code ch. 82 (Products Liability), including §§ 82.001, 82.003, 82.005, 82.007
• Tex. Civ. Prac. & Rem. Code § 16.003(a) (two-year limitations)
• Tex. Civ. Prac. & Rem. Code § 16.012 (products liability statute of repose)
• Centocor, Inc. v. Hamilton, 372 S.W.3d 140 (Tex. 2012)
• Wyeth v. Levine, 555 U.S. 555 (2009)
• PLIVA, Inc. v. Mensing, 564 U.S. 604 (2011)
• Mutual Pharm. Co. v. Bartlett, 570 U.S. 472 (2013)
• Merck Sharp & Dohme Corp. v. Albrecht, 139 S. Ct. 1668 (2019)
• Buckman Co. v. Plaintiffs’ Legal Comm., 531 U.S. 341 (2001)
• Lofton v. McNeil Consumer & Specialty Pharms., 672 F.3d 372 (5th Cir. 2012)
• Brockert v. Wyeth, 287 S.W.3d 760 (Tex. App.—Houston [14th Dist.] 2009)

Disclaimer (Texas): This information is for general educational purposes only and is not legal advice. Reading it does not create an attorney–client relationship. Laws and deadlines change, and outcomes depend on specific facts. Consult a qualified Texas attorney about your situation.