Pharmaceutical Litigation

Texas Defective Drug & Pharmaceutical Recall Lawyer

On March 4, 2009, the United States Supreme Court ruled against the pharmaceutical industry in Wyeth v. Levine, confirming that consumers may hold pharmaceutical manufacturers accountable for personal injuries when the company fails to warn of the dangers associated with its drugs. See below for more information about Wyeth v. Levine, including a copy of the court’s opinion.

Full Disclosure & Access to Safe Prescription and Over-the-Counter Drugs

As a consumer, you not only deserve access to prescription and over-the-counter drugs that are safe, but you’re also entitled to full disclosure from the drug’s manufacturer regarding the drug’s potential risks and side effects. Unfortunately, drug manufacturers sometimes place profits over safety, and, as a result, fail in their duty to adequately test their products and provide needed information regarding the drug’s potential side effects and dangers. In other cases, pharmaceutical manufacturers may even hide unfavorable research data on purpose in order to keep it out of the public eye.

Injured by a dangerous drug or medication error?

Speak to a Houston defective drug and injury lawyer in a free consultation. Call the toll-free number or contact us online.

Attorney Ryan Zehl and his team have successfully handled numerous defective drug and medical device cases and are currently representing hundreds of plaintiffs against some of the largest pharmaceutical companies in the world, including GlaxoSmithKline and Bayer. In fact, the Defective Drug Recall Litigation Team is currently preparing for two simultaneous trial settings in October against none other than GlaxoSmithKline over devastating heart defects linked to first-trimester ingestion of its blockbuster SSRI Paxil.

Three Types of Pharmaceutical Liability

These are the three most common liability theories used to hold pharmaceutical manufacturers accountable:

  • Defective design. If a drug is defectively designed, it may be unsafe regardless of how it is used.
  • Defective manufacturing. Unlike defective design where all the products are dangerous, a defect in the manufacturing process may only affect certain units. Only certain pills and other doses of a defectively manufactured drug are dangerous due to errors in manufacturing.
  • Failure to warn: These claims are the most common pharmaceutical claims. The plaintiff in a failure to warn case is alleging that the manufacturer failed to fully and adequately warn him of the defects or risks associated with taking the drug.

Our law firm regularly handles drug recall, wrongful death, and pharmacy error cases against drug companies and pharmacies. These companies can be liable for damages under state and federal law if they manufacture dangerous drugs, fail to disclose relevant information, or fail to perform adequate testing.

Common drugs that have been associated with adverse effects include:

  • Vioxx
  • Ortho Evra
  • Avandia
  • Zoloft
  • Paxil
  • Heparin
  • Trasylol
  • Digitek

Defective Drug Litigation Before The U.S. Supreme Court: Wyeth v. Levine

On March 4, 2009, the United States Supreme Court ruled against the pharmaceutical industry and upheld a consumer’s right to hold drug manufacturers responsible for failing to warn of the dangerous side effects of their products. The decision, a major victory for consumers, confirms that drug companies must not place profits over a patient’s safety by failing to fully disclose the side effects associated with their products.

Wyeth, a drug manufacturer and the defendant in the case, argued that because the FDA approved the warning label on their product, the plaintiff, Mrs. Levine, was barred from bringing a lawsuit after she had to have her arm amputated from using one of their products. This position-which gained momentum among drug manufacturers during the Bush administration-was politically motivated, and in direct conflict with the Food & Drug Administration’s (FDA) position for the past 20 years: that state lawsuits complement the FDA’s approval process and help ensure that drugs are safe and effective.

For the first time in its history, the New England Journal of Medicine, one of the most prestigious and preeminent sources for medical information, wrote a brief to the United States Supreme Court urging it to reject the arguments presented by the FDA and drug companies, and preserve the consumer’s right to hold drug companies accountable when they hide the dangers of their products. The court agreed with the New England Journal of Medicine, overruling a number of lower courts that held that a plaintiff was barred from bringing a lawsuit against a drug manufacturer if the FDA previously approved the drug’s warning label.

You may review the Supreme Court’s opinion in Wyeth v. Levine, as well as the briefs that were submitted by the lawyers, by clicking below:

Contact Our Experienced Pharmaceutical and Defective Drug Lawyers at 1-888-603-3636 or by Clicking Here

We offer a free initial consultation and are available for evening and weekend appointments. Because we exclusively work on a contingency-fee basis, you pay nothing if we don’t recover damages in your medication error case.

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I hired Zehl when I was severely injured doing a Plug and Abandonment job offshore. I'm glad I did, they were incredible. They walked me through every step of the case, made sure that I got to the best doctors, and were always there for me when I was having trouble paying bills when the case was pending. I always felt that I was in good hands and well taken care of, which relieved a lot of my stress and helped put me at ease. Eric and the team at Zehl and Associates represented my best interests, I highly recommend them.
Derrick Collins
Derrick Collins
21:03 14 Jun 17
I was hesitant to file a lawsuit when I was injured at work, because I didn't know what to expect and my company kept telling me that "they were going to take care of me." But the medical bills kept piling up, I wasn't able to work and make money to support my family. Eric Allen and the staff at Zehl put me at ease about the process, kept me to up date about what was going on, and devoted all their resources to making sure that I had the money I needed to pay all my medical expenses and take care of myself and my family. I can honestly say that working with Eric, Ryan and the Zehl team was one of the best decisions we've ever made. Thank you.
Maura Burnett
Maura Burnett
22:17 12 Jun 17
After I was injured at a chemical plant, I needed time to recover from my injuries and a lawyer who could stand up for me and my family against my company. Ryan Zehl was recommended to me from a coworker. Ryan worked hard to prepare my case and kept me and my family in the loop through the entire process. At the end they were able to get me a settlement that was much more than we had expected. I’d recommend Ryan and the team at Zehl to anyone who needs an injury lawyer who’s aggressive, honest and dedicated to protecting their clients.
Jeffrey Hutson
Jeffrey Hutson
15:47 12 May 17
Thanks to the hard work from Ryan and his team, a dangerous product that could have hurt thousands of people is now off the street. Even though I suffered from the lack of safety checks from this product, I am happy to have “taken the bullet”, to keep other people safe. Special thanks to Tommy Servos, who kept me informed through out the whole trial and helped me get a record recovery!
Kevin Nunn
Kevin Nunn
20:30 14 May 17
I grew up in Texas and went to work on an oil rig just like my dad did. It was a point of pride to follow in the same career path as my father, but no one warned me about the constant pending danger of being on the rig. My team and I are professionals that follow the rules and keep safety as priority number 1. But there are some factors to this job that can’t be controlled. Just like the BP Deep Water Horizon oil spill, my rig suffered an explosion due to the lack of up keep and maintenance from our superiors. Ryan Zehl came to our aid to get the compensation my crew and I needed. Having a Houston personal injury attorney from back home represent us was truly a personal and eye opening experience. He truly cared about us and thanks to him, I can recover with my family and the safety precautions on the rig have never been tighter.
Catherine J. Bates
Catherine J. Bates
02:23 06 Mar 17
Husband was killed at a refinery to the lack of safety checks performed by the company he worked for. When I found out he was gone I was so devastated and scared for our family I wasn’t sure what the next step would be. At first I thought his company would do the right thing and take care of us. But was I wrong. They tried to say we could only recover worker’s comp and had no claim against the company. I hired Ryan because of their experience with plant and refinery accident cases. I was so impressed at how professional and caring Ryan and his entire team were. They would call to check on me and my kids and always made sure I had money to pay bills and get presents for my kids on there birthdays and at Christmas. I don’t know where we’d be without there help. Because of Ryan and his team, I was able to pay off the house, put a trust together for my kids to make sure they’re able to pay for college, and never have to worry about having enough money to take care of myself and the kids again. We are so grateful for everything they did for us. Thank you.
Silvana Teixeira
Silvana Teixeira
06:52 06 Jun 17
Ryan and his team at Zehl & Associates were outstanding from when I first hired them to when they got my case settled. I couldn’t be happier with the results and the work at this law firm has done. I am very thankful and don’t hesitate to give them 5 out 5 stars! You want these guys are your side.
Jhon Abraham
Jhon Abraham
16:53 13 May 17
I came to Zehl Law Firm after I was injured in a car accident. They made me feel comfortable and explained things so I understood what to expect. Along with excellent communication. They were always quick to respond and update me on everything. Kelvin Hayes did a great job with my case and I would be happy to refer him to anyone looking for a auto injury lawyer.
Cody Pennington
Cody Pennington
21:31 03 Jul 17
I highly recommend Zehl Law! When I was injured on the job, I reached out to Ryan’s office and was greeted with support. I was well taken and care of and really appreciate how the law firm professionals went above and beyond their call of duty to help me. Now I can recover without having to worry about money until I am well enough to get back on the job. Thanks guys!
Anna Cris
Anna Cris
12:07 12 Jul 17
I can't even explain the blessing of having Zehl & Associates in our life. This firm has been like family to us and changed our lives forever. Great, friendly Law Firm that I recommend everyone to go to. One on one with your attorney, the fact that you dont have to worry about anything, they handle the whole process! I want to thank Zehl & Associates for an amazing job! #best personalinjurylawyers
Laura Blanco
Laura Blanco
04:00 17 Aug 17
Tommy Servos handled my dads pharmaceutical suit and thanks to all his hard work, my dad is now getting the proper treatment he needs and we won't have to worry about the hefty costs that come with it.
Pasquale D'argenzi
Pasquale D'argenzi
02:29 07 Jul 17