We trust that the medications we're prescribed and the devices implanted in our bodies have been proven safe. Most are. But when a drug or device turns out to cause serious harm, the consequences can be devastating, and the companies behind them don't always come forward. If a prescription drug or medical device injured you, you may have a claim, and you're likely not alone.
How a drug or device injury becomes a mass tort
When the same product harms many people in similar ways, individual lawsuits often get coordinated into a mass tort. Each injured person keeps their own claim and is compensated for their own injuries, but the cases are handled together for efficiency during the early stages. This structure gives ordinary people the ability to stand up to large pharmaceutical and device manufacturers that they could never take on alone.
Common types of claims
Dangerous drug and device cases take many forms, but most fall into a few categories:
- Defective medical devices — implants and devices that fail, break down, or cause injury after they're in the body.
- Harmful side effects — drugs that cause serious injuries the maker knew or should have known about.
- Failure to warn — products sold without adequate warnings about known risks.
- Contamination or manufacturing defects — products that were unsafe because of how they were made.
What these claims generally require
Broadly, a drug or device case looks at whether you used the product, whether it caused a specific injury, and whether the manufacturer failed in its duty to make the product safe or to warn about its risks. Medical records, the product history, and the timeline of your injury all matter, which is why preserving records early is valuable.
A word about deadlines
Texas generally gives injured people two years to file a personal injury lawsuit, but drug and device cases can be more complicated, because some injuries don't show up until long after the product was used. In certain situations, the deadline may not start until the injury is discovered or reasonably should have been. Because these timing rules are nuanced and easy to get wrong, it's important to have your situation reviewed promptly rather than assume the door is closed, or that it will stay open.
What you may be able to recover
- Medical expenses, including future care
- Lost wages and reduced earning capacity
- Pain, suffering, and diminished quality of life
- In cases involving a death, compensation for the family
FAQ
How do I know if my drug or device injury is part of a mass tort? You often won't on your own, and that's fine. If a product has harmed many people, lawyers and courts may already be coordinating claims. A case review can tell you whether litigation exists and whether your injury fits.
Do I need to prove the company knew the product was dangerous? Not necessarily in every case. Depending on the claim, it may be enough to show the product was defective or that adequate warnings weren't provided. The specifics depend on the product and your injury.
How long do I have to file a claim? Texas generally allows two years, but for injuries that surface later, the clock may start when the injury is discovered. Because these rules are nuanced, it's wise to have your deadline confirmed quickly.
What can I recover in a drug or device case? Potentially medical costs, lost income and earning capacity, pain and suffering, and, in cases involving a death, compensation for the family. The value depends on the severity of the harm.
Will I have to pay anything up front? These cases are typically handled on a contingency fee, meaning you don't pay attorney's fees unless there's a recovery. The details should be confirmed in your fee agreement.
Talk to a Texas mass tort lawyer
If a prescription drug or medical device caused you serious harm, find out where you stand before a deadline decides it for you. The trial lawyers at Anderson Alexander handle consumer and pharmaceutical mass tort claims for people across Texas and nationwide.
Request a free consultation or call (361) 452-1279. These cases are handled on a contingency fee, so you don't pay attorney's fees unless we recover for you.
This article is provided for general information about the law and is not legal advice. Reading it or contacting the firm does not create an attorney-client relationship. Every case is different, and prior results do not guarantee a similar outcome. Cases are handled on a contingency fee; clients may be responsible for court costs and case expenses.
