Previous posts here have discussed the federal Food and Drug Administration in a few different contexts. This agency is responsible for the approval of the use and marketing of pharmaceutical products in Texas and the rest of the United States, and much of its activity may be relevant to people who have been victims of negligence on the part of a prescribing physician or drug manufacturer. Because the FDA is involved with many aspects of the process of bringing medicines to market, it is often the subject of disputes between plaintiffs and defendants.
A few weeks ago we discussed the idea that when a truck accident occurs in Texas that causes an injury or property damage, on remedy is that of a civil suit against the responsible party. Often, the legal concept underlying these suits is that of negligence. We pointed out that in a case for negligence the plaintiff -- or suing party -- needs to show that a person or entity had a duty that was breached, and that the breach was the cause of the actual injury or damage that was done. We have also discussed the first part of this test, that of duty and breech.
We've discussed several aspects of the potential for injury presented by defective medical devices in Texas. We've touched on a couple of devices that have made news as being potentially unsafe for medical procedures and some of the laws that can limit a plaintiff's ability to recover for serious injuries suffered by them, in the form of statutes of limitations and the like. However, it is important to remember that manufacturers of medical equipment have a responsibility to ensure that their products are safe for use.
In previous posts, this blog has discussed the fact that there are various defects that can occur in the process of manufacturing, packaging and selling various types of pharmaceuticals. As has been explained, not all harmful defects in Texas medications are due to improperly made drugs, as the marketing or warning packaging of the drugs can also be defective. While the federal Food and Drug Administration does as much as possible to monitor and prevent drugs that are defective for any reason from entering the marketplace, unfortunately it can still occur.