Defective Drug Lawyers | Houston Injury Attorneys

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 wanted to express my outmost gratitude and appreciation to the Zehl&Associates law firm for the excellent representation in my accident case in December 2016; even though it was a difficult case I could not have been more pleased with how they handled everything. They are very knowledgeable and clearly the top in their field. I would highly recommend them. Thanks Zehl&Associates.
Arturo Estrada
Arturo Estrada
17:19 11 Dec 18
I don’t think I can ever be thankful enough for Lamar DeLong. I’m a single mom, on my way home from work two weeks after I started my new job and two weeks after graduating from college, I was in a horrible car accident. My car was totaled and I was really badly hurt. Lamar took my case and didn’t stop until I was going to be fully taken care of. I now will have little worries about taking the time off of work to get the back and knee surgery I desperately need to be able to function normally. I’m 26, I’m a single parent and Lamar kept that in mind. Zehl&Associates really took care of me. Especially being in completely different cities. A thank you won’t be enough for this firm treating me like family and making sure I was taken care of. Thank you Lamar and all the staff involved in my case.
Lyssa Brown
Lyssa Brown
01:01 22 Dec 18
Ryan Zehl is the best, very nice, helpful, and compassionate. His firm works very hard to help you! I hired them because my brother was killed on a work site, the firm's track record, and they seemed to really care about their clients and cases. Thank you all at Zehl & Associates for your help.
Rhonda M
Rhonda M
20:33 02 Oct 18
Theres not enough stars to rate the true quality on here! Everything I've heard about lawyers went out the window when Eric took time on Father's day of all days to contact me back and help assist me with a settlement. I was in desperate need of legal advice & guidance and running out of time. Eric was quick, efficient, HONEST, and did more than beyond more to make sure I was legally protected & being treated fairly. I was at my giving up point on everything until that first conversation with Eric. Zehl Law definitely breaks the mold on lawyers. He was more interested in protecting me than trying to take money from me. Which is a rare thing to find in any industry or just people in general, which has definitely been my case involving everything else in my life. But of all people, a lawyer restored my faith in humanity itself. Thank you for that. Thank you for everything! You've been more than amazing!!!
Arielle Fletcher
Arielle Fletcher
18:41 22 Jun 18
Eric was able to help our company by providing truthful and helpful legal counsel. We are extremely happy with how quickly he was able to resolve the issue and get back to us. Very professional and genuinely caring people.
Stan Ivanov
Stan Ivanov
14:17 20 Jul 18
Let me tell you a little something about. zale and associates they were the most wonderful law firm. we have ever had the pleasure of working with. my brother was involved in a head on collision causing the death of his wife. and they did everything they could do to help us as a family. we were treated like family. we were able to contact my team of lawers 24/7 any time we needed them.thay helped with the doctors bills and with the funeral of my sister in law .i would be glad to talk to you about zehl and associates any time my brother and i will always be family to them. thay got us max limits. this let us get the best doctors and care for my brother. thay seen that we had enough money to see us though this time. please look me up on Facebook. and i will be glad to tell you. that this is the way to go .you will not be sorry that you went with them.
Billy Burley
Billy Burley
03:56 11 Jan 19
Zehl and Associates took amazing care of me after my accident in January 2018. Lamar was kind, listened to all my fears, and helped me through the process of a lawsuit. I truly appreciate the care the office staff took with me whenever I called. Fantastic firm who were able to settle my case without ever stepping foot in court!
Alex Fox
Alex Fox
15:56 21 Jan 19
Zehl has been amazing and extremely helpful to our family since my husband was incolved in a plant expolosion in 2015. Everyone from the owner of the firm, Ryan, to each and everyone that has answered the phone has always been more than willing to help in anyway possible. The staff always checked on our family to be sure we had all we needed and showed to really care! I would recommend Zehl and associates to anyone looking for a lawyer to fight a good fight and make sure all clients’ needs are met at the same time!
Wayne Plaisance
Wayne Plaisance
21:08 30 Jan 19
My wife and I had no experience with this kind of suit. Ryan Zehl and his staff walked us through the process with great caring and helped us get a favorable settlement. We would recommend you meet with them and we think you will be very impressed
susie white
susie white
21:52 11 Feb 19
My husband got injured and we had no idea what to do or where to go. Dealing with personal injury is challenging. Zehl & Associates handled our case from beginning to the end and we could not have been more impressed. Matt, your professionalism is appreciated. Thank you very much for all you have done for us. If anyone is looking for a personal injury attorney, this is the place to go.
Ksana Menk
Ksana Menk
03:34 14 Feb 19