When pharmaceutical companies put profits before patient safety, the consequences can be devastating. If you or a loved one has suffered severe side effects or complications from a prescription or over-the-counter drug, you need a law firm that won’t back down.
At Daly & Black, P.C., our Houston pharmaceutical litigation lawyers fight aggressively to hold negligent drug manufacturers accountable and pursue the compensation you deserve.
Reach out to us to schedule your free consultation today.
What Is Pharmaceutical Litigation?
Pharmaceutical litigation involves legal claims against drug manufacturers, distributors, and healthcare entities for injuries caused by dangerous or defective medications. These lawsuits may include:
- Defective Drug Design – Medications with inherent risks that outweigh their benefits.
- Manufacturing Defects – Contamination, incorrect formulation, or improper labeling.
- Failure to Warn – Drug companies failing to disclose severe side effects.
- Off-Label Marketing Claims – Promotion of drugs for unapproved or unsafe uses.
- False or Misleading Advertising – Deceptive claims about drug safety or efficacy.
- Tainted or Contaminated Medications – Drugs compromised by unsafe production conditions.
- Opioid Overprescription & Epidemic Litigation – Cases against pharmaceutical companies for fueling the opioid addiction crisis.
- Defective Medical Devices – Products like faulty implants or pacemakers that cause health complications.
- Dangerous Over-the-Counter Medications – Products with hidden risks.
- Class Action Lawsuits & Mass Tort Claims – Large-scale legal actions against pharmaceutical companies.
If a drug has negatively impacted your health, you may have a valid case. Let us evaluate your claim and provide legal guidance.
Can You Sue a Pharmaceutical Company for Side Effects?
Yes, you can sue a pharmaceutical company for side effects if you can prove that the manufacturer acted negligently or failed to uphold its duty to protect consumers.
A strong case requires demonstrating that a drug directly caused harm and that the company engaged in misconduct such as failing to warn about risks, misrepresenting safety, or producing a defective product.
To establish liability, a plaintiff must show:
- A clear link between the drug and the injury – Medical records, expert testimony, and research studies can help demonstrate causation.
- Evidence of manufacturer negligence – This may include failure to warn about severe side effects, misleading marketing, or regulatory violations.
- A pattern of harm – If a drug has been recalled or is associated with multiple injury reports, it strengthens a claim.
Daly & Black, P.C. conducts in-depth case evaluations, gathers critical evidence, and builds aggressive legal strategies to hold pharmaceutical companies accountable.
Compensation in a Pharmaceutical Litigation Case
Victims of pharmaceutical negligence may be entitled to compensation for:
- Medical expenses, including current and future medical care.
- Lost wages and loss of earning capacity due to long-term health complications.
- Pain and suffering, covering physical and emotional distress caused by defective drugs.
- Punitive damages, awarded in cases of extreme negligence by pharmaceutical companies.
Whether pursuing an individual claim or joining a mass tort lawsuit, Daly & Black will fight for the maximum compensation you deserve.
Wrongful Death from Pharmaceutical Negligence
In the most tragic cases, pharmaceutical negligence can result in wrongful death. When a loved one passes away due to dangerous medications, families have the right to seek justice through a wrongful death lawsuit. These claims hold pharmaceutical companies accountable for their negligence and provide financial relief for surviving family members.
Compensation for wrongful death may include:
- Funeral and burial expenses to ease the financial burden of a loved one’s passing.
- Loss of financial support for dependents who relied on the deceased’s income.
- Loss of companionship and emotional suffering endured by surviving family members.
- Medical expenses incurred before death, including hospital stays and treatments.
- Punitive damages, in cases where corporate misconduct played a role in the wrongful death.
At Daly & Black, P.C., we understand the devastation families face after losing a loved one due to corporate negligence. Our team fights aggressively to hold pharmaceutical companies responsible and to seek justice for your family.
Statistical Overview of Pharmaceutical Litigation
Pharmaceutical companies claim to be pioneers of lifesaving treatments, yet time and again, profit takes precedence over patient safety. A Public Citizen report covering 1991 to 2021 reveals a troubling trend of a growing number of legal battles and record-breaking settlements that expose widespread industry misconduct.
The Surge in Pharmaceutical Lawsuits
Between 1991 and 2021, 482 settlements between federal and state governments and drug manufacturers led to $62.3 billion in penalties. The four-year period from 2018 to 2021 saw 70 settlements totaling $23.7 billion, nearly four times the $5.8 billion from 2014 to 2017. Courts and regulators are intensifying their crackdown on corporate wrongdoing.
Big Pharma’s Losing Battle in Court
Legal action remains one of the most effective tools against pharmaceutical misconduct. From 1991 to 2021, drug companies faced 416 civil settlements, 47 mixed civil and criminal settlements, and 19 criminal settlements, amounting to $46.9 billion in civil penalties and $15.5 billion in criminal fines. These numbers make one thing clear—when held accountable, Big Pharma loses big.
Texas: A Leader in Corporate Accountability
States with strong False Claims Acts impose higher financial penalties on pharmaceutical companies. Texas is among the leaders, with an average penalty of $237 million per settlement, compared to $150 million in states with weaker or no False Claims Acts. Texas law ensures corporate misconduct is met with the harshest legal consequences.
Texas Laws Governing Pharmaceutical Litigation
Pharmaceutical injury claims in Texas are governed by a combination of product liability laws, consumer protection statutes, and comparative fault rules. Navigating these regulations requires a deep understanding of how they impact your ability to seek compensation.
Below, we outline key Texas laws that may affect your case:
Texas Product Liability Law
Regulates claims involving defective drugs and medications under Texas Civil Practice & Remedies Code § 82.001 et seq.
Statute of Limitations
Under Texas Civil Practice & Remedies Code § 16.003, victims of pharmaceutical injuries typically have two years from the date of injury to file a claim. However, certain factors may extend or modify this deadline, depending on the circumstances of the case.
- Discovery Rule Exception – In cases where the injury is not immediately apparent, the statute of limitations may begin from the date the injury was discovered or reasonably should have been discovered rather than the actual date of exposure or harm. This is particularly relevant in pharmaceutical cases where adverse effects may take years to manifest.
- Tolling for Minors and Legally Incapacitated Individuals – If the victim is a minor at the time of injury, the statute of limitations may be paused (tolled) until they reach the age of 18, at which point the two-year filing window begins. Similarly, if a victim is mentally incapacitated, the statute may be tolled until they regain legal capacity.
- Fraudulent Concealment – If a pharmaceutical company intentionally conceals information regarding the dangers of a drug, the statute of limitations may be extended. The time limit would begin when the fraud is discovered or should have been discovered through reasonable diligence.
Proportionate Responsibility Rule
Texas follows a modified comparative fault system, meaning compensation may be reduced if the injured party is found partially at fault, as outlined in Texas Civil Practice & Remedies Code § 33.001 et seq.
Texas Deceptive Trade Practices Act (DTPA)
Protects consumers against false or misleading pharmaceutical advertising and marketing under Texas Business & Commerce Code § 17.41 et seq.
At Daly & Black, P.C., our tenacity is matched only by our intimate knowledge of state and federal laws and how to leverage them in order to provide you with the best possible outcome.
If you or a loved one has suffered due to pharmaceutical negligence, you need a team that is ALL IN. ALL THE TIME.
Why You Need a Pharmaceutical Litigation Lawyer
Taking on a pharmaceutical company is no small task. These corporations have vast legal teams, deep financial resources, and a history of fighting to minimize or deny liability. Without an experienced pharmaceutical litigation lawyer, you risk being outmaneuvered, undervalued, or even dismissed entirely.
A pharmaceutical litigation lawyer ensures that your case is built on a strong foundation of evidence, expert testimony, and legal strategy. From investigating the drug’s history of safety concerns to gathering medical records and consulting scientific experts, a lawyer levels the playing field against Big Pharma.
Pharmaceutical cases often require navigating complex mass tort or class action lawsuits, where multiple victims seek justice together. An attorney helps determine whether you should file an individual claim or join a larger lawsuit, ensuring you receive the compensation you deserve.
If you or a loved one has suffered from a dangerous drug, hiring a pharmaceutical litigation lawyer is the best way to protect your rights and maximize your chances of recovery.
The Daly & Black Difference
At Daly & Black, P.C., we are relentless in our pursuit of justice for victims harmed by dangerous pharmaceuticals. We go ALL IN for our clients, taking on major pharmaceutical companies that put profits over safety. Our commitment is unwavering—we fight until justice is served.
Uncompromising Advocacy
We don’t just take on cases—we take on Big Pharma and its powerful legal teams.
Pharmaceutical corporations and their insurers will use every resource at their disposal to evade responsibility, but we fight back with the experience, resources, and tenacity needed to win. Our attorneys thrive in high-stakes litigation, and we refuse to settle for anything less than full accountability.
A Reputation Built on Results
Daly & Black, P.C. has built a national reputation as one of the toughest litigation firms in the country.
We’ve been nominated four times as Insurance Litigation Firm of the Year, winning in 2022—a testament to our ability to take on powerful corporations and win. Our team has secured substantial verdicts and settlements for clients, and we continue to push the boundaries of pharmaceutical litigation.
Personalized Legal Representation
No two pharmaceutical cases are the same, and we treat every client with the attention and care they deserve.
We take the time to listen, investigate, and develop a strategic legal plan tailored to your unique situation. Throughout the process, our attorneys ensure that you stay informed, empowered, and confident in your fight for justice.
We Don’t Settle for Less—We Fight for More
When you work with Daly & Black, P.C., you’re not working with hiring a law firm—you’re partnering a relentless force that will not let negligence go unpunished. If you need a Houston pharmaceutical litigation lawyer who will fight for your rights, don’t wait. Contact us today and let us put our experience to work for you.
FAQ
Q: What types of cases does a pharmaceutical litigation lawyer handle?
We handle prescription drug injuries, defective over-the-counter medications, and class action lawsuits involving dangerous pharmaceuticals.
Q: How do I know if I have a valid pharmaceutical litigation case?
If you suffered an injury due to an unsafe medication and believe the manufacturer was negligent, our attorneys can evaluate your case.
Q: Can you sue a pharmaceutical company for side effects?
Yes, but your case must prove negligence, failure to warn, or false advertising by the drug manufacturer.
Q: What compensation can I recover in a pharmaceutical lawsuit?
Victims may seek medical expenses, lost wages, pain and suffering, and punitive damages in extreme negligence cases.
Take the First Step Toward Justice
If you or a loved one has been harmed by a dangerous pharmaceutical drug, don’t wait to get in touch with some of the finest pharmaceutical litigation lawyers Houston has to offer. Call Daly & Black today for a free consultation and let our team pursue the justice and compensation you deserve.