How Long Do I Have to File a Defective Drug Claim in Texas?
Say that you’ve been suffering from an illness that requires a specific medication. Now say that the pharmaceutical product came with a hideous assortment of side effects that hamper your very lifestyle and actually threaten your health.
When suffering from defective drugs, victims are often left to sort out their situation on their own. From recognizing the health issues associated with the product to seeking medical care to treat any unexpected side effects, handling medical bills associated with these health emergencies, and dealing with the overall mental strain, the aftermath of taking a defective drug can be traumatizing.
If you have suffered irreversible and permanent tearing as a result of being treated with the chemotherapy drug, Taxotere, you may be asking if there is justice. In fact, there is.
Not all hope is lost when you decide on seeking the meaningful and quality legal guidance of Hotze Runkle. Our team of national litigators has the experience, determination, and ability to help you get the results you need if you have been injured by a defective drug – namely – Taxotere.
Types of Defective Drug Claims
Depending on your specific situation, you may be able to file a claim based on any of the three following standards:
- The drug was improperly designed. This occurs when the drug was inherently designed with a defect that makes it dangerous. While this is rare, it can occur.
- The drug was manufactured incorrectly. This occurs when the drug was designed without error but an issue occurred during the manufacturing process that made it dangerous for consumers.
- The drug was improperly marketed or the manufacturer failed to provide consumers adequate warning information. In the advertisement of a drug, the manufacturer must inform users of all known side effects and risks associated with the product. When the company fails to provide this information, they place lives at risk of serious injury – or even death.
What Is the First Step I Take?
The first step to take is to make sure that your health and well-being are not in jeopardy. While you may not initially feel the side effects of the defective drug, it is important to speak with your doctor about any concerns you may have. Your doctor may be able to provide you an alternative option.
Once you have sought out medical attention – which is also important for securing documentation for your claim – you will want to begin seeking out the assistance of a qualified and committed attorney that has experience handling product liability claims. While you do not want to rush through the process of selecting a lawyer, it is important to keep in mind that there are statutes of limitations that limit the amount of time you have to file a case.
Every state has imposed statutory limits on the amount of time you have to file a lawsuit against another party. Unfortunately, if you do not file your claim before the statute of limitations becomes void, then you are essentially forfeiting your right to seek compensation for the damages you suffered.
What Is the Statute of Limitations in Texas?
The statute of limitations for filing a product liability claim, including a defective drug claim, is two (2) years in the state of Texas. If you fail to meet the time limit, the Texas civil court system will most likely deny your claim.
However, it is worth noting that the time limit of filing a product liability claim varies from state to state. Depending on the elements of your claim – and if a class action lawsuit is taking place – you may be able to file your case in that state.
Some injuries are harder to discover and may not be uncovered until years after the injury actually happened. For example, Taxotere users didn’t initially suffer excessive tearing after their initial treatment, but it may have begun to develop after subsequent exposure. In such cases, the issue of when exactly the statute of limitations began to run is an important element to understand.
When Does the Statute of Limitations Begin?
Understanding when the statute of limitations begins for your particular situation is essential to meeting the time limit to file. In certain states, the statute of limitations begins when the defective product/drug was purchased. However, in other instances, the starting date for filing a claim does not begin until after the injury occurred or was discovered.
If the manufacturer of a given product issues a notification that its product was defective, then they may argue that the statute of limitations began at that time.
This is why it is important to seek out legal guidance immediately after you have suffered your injury or uncovered that the product is defective. Time is of the essence and you will want to start the process of filing a claim against the makers of Taxotere as soon as possible.