When Trusted Medications Cause Harm: Your Advocate in San Antonio Drug Injury Claims

Injured by a Dangerous Drug? You Are Not Alone. Our San Antonio Drug Injury Lawyers Can Help.

You take a medication prescribed by your doctor or approved for over-the-counter use with the trust that it will heal, not harm. When a pharmaceutical company prioritizes profits over patient safety, that fundamental trust is shattered, often with devastating consequences. Dangerous drugs and defective medical devices can cause severe, life-altering injuries, turning a path to wellness into a journey of suffering.

At Barton & Associates in San Antonio, Texas, we stand as formidable advocates for individuals and families who have been injured by pharmaceutical negligence. Our experienced dangerous drug attorneys possess a deep understanding of the complex interplay between medicine, regulation, and litigation. We are committed to holding powerful pharmaceutical corporations accountable for failing to warn of risks, concealing known dangers, and rushing inadequately tested drugs to market. If you suspect your injury or illness is linked to a medication, contact us for a thorough, confidential evaluation of your potential claim.

Understanding Drug Injury Law: When Pharmaceutical Companies Breach Their Duty

Pharmaceutical companies have a profound legal and ethical duty to ensure their products are reasonably safe for intended use and to provide full, fair warning of all known risks. Drug injury lawsuits, a critical subset of product liability law, arise when they breach this duty. These cases are often grounded in theories of:

• Defective Design: Arguing the drug is inherently unsafe.
• Defective Manufacturing: Involving contamination or errors in the production process.
• Failure to Warn (Inadequate Labeling): This is the most common claim, alleging the manufacturer failed to adequately warn consumers and the medical community about known or reasonably knowable side effects, drug interactions, or contraindications.

In Texas, these claims can be pursued under strict liability, negligence, or breach of warranty theories. Unlike medical malpractice claims which target healthcare providers, drug injury cases focus on the liability of the drug manufacturer—the entity with the greatest resources and responsibility for comprehensive safety testing and transparent communication.

The High Stakes of Pharmaceutical Litigation: Why You Need a Specialized Attorney

Pursuing a claim against a multi-billion dollar pharmaceutical company is a monumental challenge. These corporations employ vast legal teams, extensive resources to fund protracted litigation, and sophisticated strategies to dispute causation and minimize liability. They often argue that injuries were pre-existing, caused by an underlying condition, or were a known, acceptable risk.

A successful drug injury claim requires:

1. Proving Causation: Establishing a direct link between the drug and your specific injury through medical science and expert testimony.
2. Demonstrating the Defendant’s Knowledge: Uncovering evidence that the manufacturer knew or should have known about the danger through clinical trials, adverse event reports, or independent studies.
3. Navigating Federal Preemption: Overcoming defense arguments that FDA approval shields them from liability—a complex legal hurdle requiring specific expertise.

At Barton & Associates, we have the resources, technical knowledge, and litigation experience to meet these challenges head-on. We invest in your case by consulting leading medical experts, pharmacologists, and epidemiologists to build an unassailable link between the drug and your harm.

Commonly Litigated Dangerous Drugs and Medical Devices

Our firm is actively investigating and litigating cases involving a wide range of pharmaceuticals and medical devices that have been linked to serious injuries. We stay at the forefront of emerging litigation and FDA safety announcements.

Prescription Drug Injuries:

• SSRI/SNRI Antidepressants: Allegations link certain drugs to birth defects (persistent pulmonary hypertension of the newborn – PPHN), severe withdrawal symptoms, and increased suicidal ideation.
• Antipsychotic Medications (e.g., Risperdal, Abilify): Claims involve uncontrollable weight gain, metabolic disorders, and in the case of Risperdal, gynecomastia (male breast growth) in adolescents.
• Diabetes Medications (e.g., Invokana, Jardiance): Linked to serious risks including diabetic ketoacidosis (DKA), kidney damage, and lower-limb amputations.
• Heartburn/PPI Drugs (e.g., Nexium, Prilosec): Long-term use associated with chronic kidney disease, renal failure, and bone fractures.
• Blood Thinners (Anticoagulants like Xarelto, Eliquis): Allegations of causing uncontrollable internal bleeding events without an available reversal agent.
• Chemotherapy Drugs: Certain agents have been linked to permanent, disabling side effects like peripheral neuropathy or heart damage that were not adequately disclosed.
• Testosterone Replacement Therapy: Associated with increased risk of heart attack, stroke, and blood clots.
• Opioid Painkillers: Litigation focuses on manufacturers’ role in fueling the addiction epidemic through deceptive marketing that downplayed addiction risks.

Medical Device Failures:

• Hip and Knee Implants: Metal-on-metal implants causing metallosis (metal poisoning), tissue death, and premature failure requiring painful revision surgery.
• Transvaginal Mesh: Used for pelvic organ prolapse and stress urinary incontinence, linked to severe complications like erosion into organs, chronic pain, and infection.
• IVC Filters: Blood clot filters designed to be retrievable have fractured or migrated, puncturing organs and blood vessels.
• Defective Pacemakers and Defibrillators: Malfunctions leading to failure to pace, inappropriate shocks, or battery failures.

Over-the-Counter (OTC) Drug Dangers:

Even non-prescription drugs can be defectively marketed. Examples include:

• Acetaminophen (Tylenol): Link to acute liver failure, especially when dosage limits are exceeded or combined with alcohol.
• Antacids containing Aspirin: Risks of Reye’s syndrome in children and teenagers.
• Decongestants (e.g., Pseudoephedrine): Associated with increased stroke and heart attack risk in certain populations.

Recognizing the Signs of a Drug-Related Injury

The side effects of a dangerous drug may not be immediately apparent and can sometimes be mistaken for other conditions. Be vigilant and consult your doctor if you experience new, severe, or persistent symptoms after starting or changing a medication, such as:

• Cardiovascular Issues: Heart attack, stroke, blood clots (DVT/PE), pulmonary hypertension, arrhythmias.
• Organ Damage: Liver failure, kidney failure, acute pancreatitis.
• Neurological Disorders: Seizures, severe headaches, tremors, peripheral neuropathy (numbness, tingling, pain in extremities).
• Psychological Effects: Suicidal thoughts, severe depression, anxiety, hallucinations.
• Severe Physical Reactions: Stevens-Johnson Syndrome (a deadly skin reaction), uncontrollable bleeding, persistent gastrointestinal ulcers.
• Birth Defects: If taken during pregnancy, links to heart defects, cranial deformities, limb abnormalities, and developmental disorders.
• Unexplained Worsening of Health: A new diagnosis like cancer (e.g., link between Zantac and NDMA, a probable carcinogen) or autoimmune disease.

The Barton & Associates Approach: Meticulous Case Building for Maximum Impact

We tailor our strategic approach to the unique complexities of each drug injury case, understanding that your health and future are on the line.

1. Comprehensive Medical & Pharmaceutical Review: We obtain and meticulously review all your medical records, pharmacy logs, and the drug’s prescribing information. We timeline your medication use alongside the onset of symptoms.
2. Aggressive Investigation into Corporate Conduct: Our legal team delves into the drug’s history. We subpoena internal company documents, clinical trial data, FDA correspondence, and adverse event reports to find evidence of withheld safety data or deceptive marketing practices.
3. Collaboration with World-Class Experts: We work with a network of specialized medical doctors, toxicologists, pharmacologists, and regulatory scientists who can authoritatively testify on causation, standard of care in the industry, and what the manufacturer knew and when.
4. Strategic Participation in Multidistrict Litigation (MDL): For widely used drugs causing widespread harm, cases are often consolidated into an MDL—a federal procedure that streamlines discovery and pre-trial proceedings. We have the experience to effectively navigate MDLs, leveraging shared resources and bellwether trial outcomes to strengthen your individual claim while still focusing on your personal damages.
5. Relentless Pursuit of Full Compensation: We calculate every dimension of your loss, fighting for:
   1. Economic Damages: Past and future medical bills, lost income, and costs of long-term care or rehabilitation.
   2. Non-Economic Damages: Physical pain, emotional suffering, loss of enjoyment of life, and permanent disability or disfigurement.
   3. In Egregious Cases, Punitive Damages: To punish the company for reckless or fraudulent conduct and deter similar behavior in the future.

Navigating the Legal Landscape: Texas Deadlines and Challenges

Texas law imposes strict deadlines for filing a lawsuit, known as statutes of limitations. For personal injury claims, including drug injuries, you generally have two years from the date you discovered or should have discovered your injury to file suit (Texas Civil Practice & Remedies Code § 16.003). However, determining the “discovery date” can be legally complex, especially with latent injuries that develop over years. Do not delay—consulting with an attorney immediately is crucial to preserving your rights.

Frequently Asked Questions About Drug Injury Claims

Q: Do I have a case if the drug had an FDA-approved label with warnings?
A: Yes. FDA approval does not grant immunity. We can argue the warnings were insufficient, not prominently displayed, or that the manufacturer withheld critical risk information from the FDA itself.

Q: What if I signed a consent form?
A: A consent form typically covers known, disclosed risks. It does not protect a manufacturer from liability for failing to warn about risks they knew but did not disclose or for misrepresenting the drug’s safety.

Q: Can I sue my doctor or pharmacist instead?
A: Your doctor or pharmacist may be liable under a medical malpractice theory if they were negligent in prescribing or dispensing the drug. However, the manufacturer is often the primary defendant in failure-to-warn cases. We investigate all potentially responsible parties.

Q: My loved one died after taking a medication. Can I file a lawsuit?
A: Yes. In Texas, certain family members can file a wrongful death lawsuit to seek damages for their profound loss, including loss of companionship, mental anguish, and funeral expenses.

Take Action Today: Protect Your Rights with a Free Case Evaluation

The pharmaceutical industry’s power should not intimidate you from seeking justice. With the right legal team, you can stand on equal footing. At Barton & Associates, we combine compassion for what you’re enduring with an unwavering, aggressive litigation strategy.

If you or a family member has suffered a serious health complication that you believe is linked to a prescription drug, over-the-counter medication, or medical device, time is of the essence. Evidence must be preserved, and legal deadlines must be met.

Contact our San Antonio drug injury lawyers today for a free, no-obligation consultation. We will listen carefully to your story, review your medical history, and provide you with an honest assessment of your legal options. Let us shoulder the legal burden so you can focus on your health and recovery.

Call Barton & Associates at 210-500-0000 or complete our online contact form. We are here to fight for the justice and financial security you and your family deserve. Serving clients throughout San Antonio, Austin and Corpus Christi, Texas.

Main Category: Personal Injury
Practice Area Category: Defective Products & Liability
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000