HOUSTON DRUG INJURY LAWYERS
MEDICAL DEVICE & PHARMACEUTICAL INJURY
Defective Medical Devices and Pharmaceutical Injuries
Each year, thousands of people are seriously injured or die from prescription drugs and over-the-counter drugs they believe to be safe. Adverse reactions to prescription drugs and over-the-counter drugs are one of the leading causes of death in the United States. Oftentimes, pharmaceutical companies provide inadequate or misleading information to patients, doctors, and pharmacists. However, the drug injury lawyers at Reich & Binstock are here to help.
When someone is hurt by a dangerous drug or defective medical device, a Houston drug injury attorney at Reich and Binstock is ready to help.
The attorneys at Reich & Binstock have gone up against some of the largest pharmaceutical companies, representing victims of dangerous drugs, medical devices, and clients who have been injured due to medical malpractice in Texas and throughout the United States.
If you or someone you love suffered illness, injury, or even wrongful death from a medical device or from taking a defective drug, please call our Houston drug injury lawyers at 713-622-7271 for a free consultation. You may be entitled to compensation from negligent pharmaceutical companies.
When Is a Prescription Drug Dangerous?
When you take prescription drugs, you rely on the medication to be safe and effective when used as directed. If the drug has potentially dangerous side effects, you expect the manufacturer to tell you so you can make an informed decision about whether to take it. Unfortunately, pharmaceutical drug companies sometimes withhold information about dangerous drug side effects to the detriment and danger of people taking the drugs.
Because of the pharmaceutical industry’s vast scale and the amount of money invested in new treatments, medicines are sometimes rushed to market without proper testing, resulting in catastrophic injury or wrongful death.
When you are injured due to pharmaceutical medications, whether prescription or over-the-counter, you may be entitled to financial compensation for your losses. The best way to start your case is to contact a Houston dangerous drug lawyer about your situation.
What Does FDA Approval Mean for Defective Drug Cases?
Most of the time, people trust defective drugs or pharmaceuticals because the Food and Drug Administration (FDA) has approved them. Patients believe they are safe because his or her doctor has prescribed or administered those drugs.
Unfortunately, the pharmaceutical or drug companies are the ones responsible for research and development. The FDA monitors the safety of these products, but often overlooks the real dangers of a product due to inadequate testing by the pharmaceutical companies.
Why Do You Need a Houston Drug Injury Lawyer?
Defective drug claims involve a complex web of legal, scientific, and medical issues. You will be up against powerful corporations, each with its own team of attorneys and experts. Defective drug claims are often part of a large, multidistrict litigation and are sometimes considered class actions. You’ll need an experienced drug injury lawyer on your side, with the resources to see your case through trial.
When you contact Reich & Binstock, we’ll ask you for some basic information about your case, such as what medicine you or a loved one took, when it was taken, and what kind of adverse effects or difficulties it caused. After that, we may begin our investigation of your case, including evaluating your medical records and speaking with highly trained specialists.
The next step will be to have a lawsuit filed on your behalf in a state or federal court.
If many other people have been harmed due to using the same drug, your claim might be one of the following.
- Class-action lawsuit: You might be a “named plaintiff” or a member of a class of plaintiffs whose cases have comparable factual and legal concerns.
- Multidistrict litigation: A separate lawsuit would be filed on your behalf, but your case might be combined with other comparable claims during the pretrial phase. Multidistrict litigation (MDL) proceedings are another name for them.
As we proceed with the litigation of your case, we will send you updates regularly to keep you up to speed on the status of your case. Our firm works on a contingency fee basis with clients. This means we won’t charge you anything until we get you a favorable settlement or verdict.
What Are the Types of Drug or Medical Device Defects?
It may be helpful to understand the types of claims that may be made on your behalf when you seek legal action based on a drug-related impairment. In general, there are three types of hazardous and faulty medication claims. Design defects, manufacturing defects, and failure to warn are the most common reasons why victims file claims with the help of a drug injury lawyer.
Design Defects involve active ingredients or other hazardous flaws in design that make the drug inherently dangerous to use.
Manufacturing error and other errors that occur along the supply chain can result in contamination and other defects that only affect certain parts of the drug, but are not a problem with the medication overall. Likewise, packaging errors can easily lead to improper dosing.
Failure to warn occurs when a pharmaceutical company does not notify the FDA or warn doctors and consumers about the dangerous side effects that the product can cause. Sometimes, drug makers are aware of the dangers posed and go to great lengths to hide this evidence.
Even if side effects are discovered after the FDA approves a drug, it’s rare for it to be removed from the market. However, recalls may be issued to update the warning label.
What Is Off-Label Marketing for Prescription Drugs?
When the Food and Drug Administration approves a drug, the drug is approved for specific uses only. Any other use of the drug is referred to as “off-label.” Doctors are allowed to prescribe medications “off-label” when they believe doing so is in the best interest of the patient.
However, drug companies cannot promote the product for off-label uses. This includes marketing to consumers and healthcare professionals, as well.
Pharmaceutical companies still engage in illegal, off-label marketing of their products. Sometimes, they’ll go as far as paying kickbacks to doctors who will prescribe the drug off-label.
The Drug That Caused My Injury Has Not Been Recalled. Do I Still Have a Case?
Even if the drug that caused your injuries has not been recalled, you may still have a strong case. While a drug recall can work as evidence in your favor, this is unnecessary. Recalls typically only happen after many people have been harmed or killed.
Although drug injuries do not always mean that the medicine itself is defective, the absence of a drug recall does not mean that it isn’t.
What Type of Compensation Can I Receive For My Drug Injury?
A faulty medication lawsuit seeks damages based on the following factors to make you as “whole” as possible.
Economic damages compensate for previous medical expenses and all associated medical expenses you may spend in the future due to the medication’s damage. You may also seek restitution for lost wages and a reduction in your future earning potential.
If you have lost a loved one, you may be entitled to compensation for the services and financial assistance that he or she would have provided to you and your family had he or she lived.
Non-Economic damages provide compensation for your physical pain and suffering, as well as any emotional anguish you may have had as a result of a faulty drug’s adverse effects and consequences.
The manufacturer may make an individual settlement offer to you or a “global settlement” offer to address numerous claims at any time throughout your case. We will completely educate you about the details of the settlement offer in your case and advise you accordingly since we understand what is at risk for you.
Houston Medical Device and Drug Injuries Lawyer
Both prescription drugs and over-the-counter medications can be defective, causing injuries and even death. Our Houston pharmaceutical litigation attorneys at Reich and Binstock represent individuals and families whose lives have been changed by defective drugs and medical devices, including the following.
Defective Medical Device Lawyer in Houston, TX
Medical device manufacturers have a duty to design, produce, and distribute safe products. Unfortunately, as we have learned from many medical device recalls over the years, not all medical devices are as safe as they should be. Those who have suffered injuries from dangerous medical devices should contact our defective medical device lawyers as soon as possible.
Essure is a tiny, flexible coil composed of nickel, titanium, and polyethylene that is used to prevent pregnancy. Each of the patient’s Fallopian tubes, which connect the ovaries to the uterus, is implanted with a coil. The coils irritate the lining of the Fallopian tube in the days and weeks following implantation.
This results in the formation of scar tissue, which inhibits sperm from going up the tube to meet the egg, as well as eggs from migrating down the tubes to the uterus. To put it simply, Essure is a contraceptive device.
Several lawsuits have been filed against Conceptus, Inc., and Bayer due to injuries caused by the Essure device. The most prevalent allegation in these lawsuits is that the Essure device was created negligently.
Some claim that the makers failed to adequately notify the public about the hazards of using the device, citing insufficient warnings in packing and accompanying papers as examples. Manufacturers have also been accused of failing to give clinicians the necessary training to implant Essure devices. If Essure injured you, you can file a defective medical device lawsuit against the manufacturer.
There are three federal hernia mesh MDLs with more than 17,000 lawsuits as of 2021. Each is suing a different medical device manufacturer. Many of the hernia mesh lawsuits have already been settled, but thousands more are still pending.
If you had hernia mesh surgery and experienced serious complications, you may be eligible to file a hernia mesh case, particularly if Ethicon, Atrium, or Bard Davol made the mesh. There are a few basic qualifying requirements, which vary depending on the patient or law company handling the case.
Metal-on-metal hip replacement implants promised greater mobility for individuals suffering from hip joint degeneration when they were initially launched. Unfortunately, many patients have had device issues, prompting recalls and warnings from the US Food and Drug Administration (FDA).
Metal hip replacement reactions can cause various issues, including persistent pain, increased medical and surgical expenditures, rehabilitative costs, lower quality of life, incapacity to work, and more.
Many people have financial difficulties as a result of these concerns. A lawsuit might help you regain what you’ve lost to a faulty medical device via monetary damages for pain and suffering, lost income, and missed earnings, among other things.
Many people lauded the efficacy of IVC filters at first. Patients and medical experts quickly identified difficulties with the gadget, as they did with many other medical devices. Many doctors advised the filters as an alternative to medicine before the problems occurred.
Unfortunately, the problems that occurred resulted in several incidents of serious damage and even wrongful death among patients. As a result, a patient who has been harmed by one of these filters may be able to pursue an IVC filter lawsuit. Defective medical device lawsuits involving IVC filters are ongoing. Our attorneys also handle IV infiltration lawsuits.
Anyone who has suffered adverse effects while using a recalled Philips Bi-PAP, CPAP, or ventilator, or who has lost a loved one due to these injuries, may be entitled to bring a lawsuit.
Many forms of cancer, respiratory difficulties, and organ damage have all been linked to using recalled Philips CPAP equipment, according to pending lawsuits. If you have experienced injuries using a Phillips CPAP machine or other piece of medical equipment, you may be eligible for compensation.
If you’re unsure if you qualify, a CPAP injury lawyer may assist you at no expense in determining your eligibility.
Recently, the medical device company Exactech has recalled approximately 150,000 defective joint replacement implants. These implants were housed in defective packaging, exposing them to oxidation and premature wear. Recipients of these implants may be able to file an Exactech recall lawsuit to recover compensation for their related losses. Contact the attorneys at Reich & Binstock to learn more about these defective medical device cases.
Drug Injury Lawyers in Houston, TX
A pharmaceutical injury is one caused by a defective or dangerous drug. Although prescription drugs undergo rigorous testing and extensive clinical trials, this does not guarantee their safety or effectiveness. If a manufacturer introduces negligence to the mix, this could be a recipe for a defective drug claim, such as those listed below.
Those who have taken Elmiron and experienced vision problems that could lead to blindness, including maculopathy, have a valid lawsuit against Janssen Pharmaceuticals.
According to a related lawsuit, the manufacturer did not advise doctors or patients about the risks of the prescription drug, including eye damage. Doctors are now calling Elmiron a critically defective medicine.
Injured individuals can file lawsuits to seek financial recompense for medical expenditures, pain and suffering, lost wages, diminished quality of life, and future care.
If you’ve suffered Elmiron eye damage or vision loss, you may be entitled to financial compensation. Contact our Houston Elmiron injuries attorneys at Reich & Binstock to review your Elmiron lawsuit options.
Injectafer is a drug created to treat low iron levels.
However, many patients experience unpleasant and sometimes life-threatening side effects from using Injectafer. If this drug hurts you, you need the guidance of an experienced Houston Injectafer lawsuit attorney at Reich & Binstock.
Ozempic is a drug widely-known for its off-label use as a weight loss drug, particularly by celebrities. However, it has recently entered the spotlight for a completely different reason – gastroparesis. Also called stomach paralysis, gastroparesis causes food materials to move through the digestive system too slowly.
When this happens, the food may stop altogether and harden over time. The Ozempic lawsuits against the drug’s manufacturer, Novo Nordisk, concern a failure to warn patients and doctors of certain potentially serious side effects of the drug.
Novartis created a chemotherapy drug called Tasigna in 2002. Tasigna is most commonly used to treat chronic myeloid leukemia (CML) in more advanced stages. The drug has proven to be more effective than other chemotherapy drugs, but it has more side effects, some of which are more deadly.
If you or a loved one experienced adverse side effects while taking this drug, contact the Houston Tasigna injury lawyers at Reich and Binstock today.
Taxotere is used to treat several cancers. It is most commonly used to treat patients with locally advanced or metastatic breast cancer who have progressed or relapsed following anthracycline-based therapy. In addition to doxorubicin and cyclophosphamide, the prescription drug can be used as an adjuvant treatment in patients with operable node-positive breast cancer.
Taxotere prevents cancerous cells from spreading by stopping them from dividing and proliferating in and around a malignant clump. Taxotere is a member of the taxane drug family of chemotherapy medications, which are derived from plant alkaloids.
Over 10,000 lawsuits have been filed against the producers of Taxotere and Docetaxel for hiding the permanent hair loss side effects. Since 2019, the producers of Taxotere have been facing legal action. You may seek justice for your Taxotere injury and the bad side effects you experienced with the aid of a skilled class action Taxotere lawsuit attorney.
Tepezza is an IV infusion drug approved by the FDA to treat thyroid eye disease (TED). It has been linked to very serious hearing problems, including tinnitus, partial or permanent hearing loss, sensorineural hearing loss, increased sound sensitivity, and more. If you have suffered hearing loss from Tepezza, contact a Tepezza lawyer as soon as possible to file a claim.
Truvada has long been the medication of choice among prescription drugs for stopping HIV cells from replicating and progressing to AIDS. Perhaps you’ve used it for this or as a PrEP (pre-exposure prophylaxis) medication. While you may have believed Truvada would help you live a longer, healthier life, you may now be suffering from significant side effects that Gilead, the drug’s producer, allegedly failed to disclose to you and other HIV patients.
The pre-exposure prophylaxis, or PrEP, drug Truvada, causes kidney problems and bone loss, according to a Truvada lawsuit. According to the claims, Gilead reportedly suppressed tenofovir alafenamide, or TAF, a safer alternative, to maximize income from Truvada and other TDF-containing medications such as Viread, Atripla, Complera, and Stribild.
Xarelto (rivaroxaban) is a blood thinner that helps to prevent blood clots and associated consequences, thereby lowering the risk of stroke. Since 2011, Janssen Pharmaceuticals, a Johnson & Johnson subsidiary, has won numerous FDA approvals to commercialize Bayer’s Xarelto drug.
According to Xarelto’s dangerous drug claims, the company failed to appropriately notify prescribing physicians or customers about the drug’s bleeding dangers. Unfortunately, Xarelto has been related to life-threatening bleeding and decreases in blood pressure. Worse, there is no antidote available to stop Xarelto bleeding.
Pfizer released Xeljanz in 2012, and in just the last two years, the FDA has warned of potential risks. But, the question still stands: why didn’t Pfizer warn its consumers sooner?
The Xeljanz lawsuit claims that the use of Xeljanz, a drug used to treat rheumatoid arthritis, psoriatic arthritis, and ulcerative colitis, can cause cancer, major cardiac events, including heart attacks and strokes, and blood clot complications, including pulmonary embolisms and deep vein thrombosis.
Millions of individuals have relied on Zantac and its generic equivalent, ranitidine, for decades. Ranitidine was used to treat gastroesophageal reflux disease (GERD), ulcers, mastocytosis, esophagitis, and various other chronic illnesses, in addition to being offered as an over-the-counter alternative to prescription drugs for acid reflux.
The ongoing Zantac cancer lawsuits, on the other hand, highlight the drug’s dangers. Zantac was found to be both faulty and hazardous for human use by the FDA in early April 2020, prompting an urgent market recall of all ranitidine tablets.
In 2019, regular lab testing revealed that Zantac products had levels of N-Nitrosodimethylamine, a potential human carcinogen (NDMA). While low quantities of NDMA have been shown to raise the risk of cancer in humans, there is now evidence that the amount of NDMA in Zantac can build over time, potentially surpassing the daily consumption limit when stored and broken down in the human body. Initially, the issue was only connected to batches of ranitidine made between September 2019 and June 2021.
Experienced Houston Drug Injury Lawyers
If you or a loved one was injured or you think you may have been injured by taking a pharmaceutical drug, contact our Houston drug injury lawyers for a free and confidential case evaluation. Call our Houston office at 713-622-7271 or fill out the contact form below to schedule your free consultation.
There is a never a fee unless we recover on your behalf.