Texas Pharmaceutical Injury Lawyer

Dangerous Drug and Prescription Injury Attorneys Serving Houston, Dallas, Austin, San Antonio, and All of Texas

You trusted a medication to treat your condition — and it caused harm the manufacturer never warned you about. Maybe a diabetes drug damaged your gallbladder or your vision. Maybe an opioid recovery medication destroyed your teeth. Maybe a thyroid eye disease drug took your hearing. Pharmaceutical injury cases are some of the largest and most complex personal injury lawsuits in the country — they involve specialized FDA regulatory frameworks, federal preemption defenses, multidistrict litigations consolidating thousands of cases, and aggressive corporate defense teams. Texas patients can pursue these claims under Texas Civil Practice & Remedies Code Chapter 82 with the right legal strategy. We’ve recovered millions for patients harmed by dangerous drugs, and we know how to navigate the regulatory and preemption arguments that defeat unprepared cases.

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• Top 100 Super Lawyers Houston (Thomson Reuters, 2020–2025)
• Multi-Million Dollar Advocates Forum (Lifetime Member)
• AV Preeminent Rated (Martindale-Hubbell)
• Statewide Texas representation — offices in Houston, Dallas, Austin, Lakeway, San Antonio, Sugar Land, The Woodlands, and Katy

What’s Actually Happening Behind the Scenes After a Drug Injury

Pharmaceutical injury cases look straightforward — the drug hurt you, the manufacturer should pay. The reality is far more complex. By the time you’re searching for answers:

• The drug manufacturer’s defense team has been litigating similar claims for years. Major pharmaceutical companies (Novo Nordisk, Pfizer, Johnson & Johnson, Indivior, Horizon Therapeutics, Eli Lilly) have nationwide defense networks built specifically to defeat injury claims.
• The drug may already be in a federal MDL. Active 2026 MDLs include Ozempic / GLP-1 drugs, Suboxone tooth decay, Tepezza hearing loss, Paragard IUD, talcum powder ovarian cancer, and others — meaning your individual claim may be one of thousands.
• Federal preemption arguments are being prepared. Brand-name and generic drugs face dramatically different preemption analyses. The wrong claim structure can end a valid case at the motion-to-dismiss stage.
• Your prescription records, medical records, and pharmacy records contain the proof of when, how much, and why you took the drug. These records need to be preserved before they’re lost or altered.
• Texas’s 15-year statute of repose under Texas Civil Practice & Remedies Code § 16.012 is running from the date the drug was first sold — not the date you took it.
• The two-year personal injury statute of limitations is also running, often from the date you knew or should have known the drug was the cause of your injury.

Pharmaceutical cases require experienced counsel who understands the FDA regulatory framework, the current MDL landscape, and how to build cases that survive preemption and Daubert challenges. Generalist personal injury firms routinely lose these cases before they ever reach a jury.

What Counts as a Pharmaceutical Injury Claim Under Texas Law

Texas Civil Practice & Remedies Code Chapter 82 governs pharmaceutical injury claims, with specific provisions and federal preemption rules that apply uniquely to FDA-regulated drugs. Recovery is generally available under three theories:

Failure to Warn (Marketing Defect)

The most common theory in pharmaceutical cases. The manufacturer knew or should have known about a drug’s risks and failed to adequately warn physicians and patients. Texas applies the “learned intermediary” doctrine — meaning the manufacturer’s duty to warn typically runs to the prescribing physician, not directly to the patient. Plaintiffs must show warnings to physicians were inadequate, and that adequate warnings would have changed the prescribing decision.

Design Defect

The drug is inherently dangerous — meaning the risks outweigh the benefits even when manufactured and prescribed correctly. Under Texas Civil Practice & Remedies Code § 82.005, you must prove a safer alternative design existed and was economically and technologically feasible at the time the drug left the manufacturer’s control. Design defect claims for FDA-approved drugs face significant legal hurdles, but remain available in some circumstances.

Manufacturing Defect

The drug was designed safely, but something went wrong during production — making this batch or unit defective. Examples: contamination, incorrect dosing, mislabeling. Manufacturing defect claims are often proven through FDA inspection reports, batch records, and recall data.

Who Can Be Held Liable in Texas Pharmaceutical Cases

• Drug manufacturers — the primary defendants in most cases
• Generic drug manufacturers — with significantly different preemption analysis (see below)
• Component manufacturers — when a defective active ingredient or excipient caused harm
• Distributors and wholesalers — under specific § 82.003 exceptions
• Pharmacies — generally only in cases involving compounding errors, not in standard manufacturer claims
• The prescribing physician — but generally only in medical malpractice claims, not pharmaceutical product liability

Active Texas Pharmaceutical Injury Cases We Handle

The pharmaceutical mass tort landscape changes constantly. Drugs that produced major litigation a decade ago are settled or off the market — and new drugs emerge into active litigation every year. Below are the categories of pharmaceutical injury cases active in 2026.

Ozempic, Wegovy, and GLP-1 Drugs

Ozempic (semaglutide), Wegovy, Mounjaro, and other GLP-1 receptor agonists are at the center of one of the largest pharmaceutical mass torts in recent years. As of April 2026, more than 3,546 cases are pending in MDL No. 3094 in the Eastern District of Pennsylvania against Novo Nordisk and Eli Lilly. Plaintiffs allege the drugs cause:

• Gastroparesis (stomach paralysis) — sometimes permanent
• NAION (non-arteritic anterior ischemic optic neuropathy) — sudden, irreversible vision loss
• Severe gallbladder injuries — gallstones, gallbladder disease, and gallbladder removal surgery
• Bowel obstruction and ileus
• Cyclic vomiting syndrome

The GLP-1 litigation is moving quickly, with bellwether trials scheduled for early 2026. A separate state-court mass tort proceeding for NAION vision loss claims is forming in New Jersey.

Suboxone Tooth Decay

Suboxone (buprenorphine/naloxone) sublingual film is prescribed to treat opioid use disorder. The acidic film, dissolved under the tongue daily, has been linked to severe and rapid tooth decay, dental erosion, and loss of teeth. Lawsuits allege the manufacturer (Indivior) knew about the dental risks but failed to warn patients and physicians for years. The Suboxone tooth decay MDL is active before Judge Philip Calabrese. The FDA issued a public safety warning before warning labels were updated.

Tepezza Hearing Loss

Tepezza (teprotumumab) is an infusion drug used to treat thyroid eye disease (TED), approved by the FDA in 2020. Patients have reported permanent hearing loss and tinnitus following Tepezza infusions. The Tepezza MDL was consolidated in 2024 and is moving quickly through pretrial proceedings against Horizon Therapeutics. Plaintiffs allege the manufacturer failed to warn about hearing-related side effects.

Paragard IUD

Paragard (copper IUD) cases involve allegations that the device fractures or breaks during removal, leaving fragments inside the body and requiring surgical retrieval. The Paragard MDL has progressed slowly but bellwether trials are anticipated for early 2026.

Tylenol / Acetaminophen Autism

Lawsuits alleging that prenatal Tylenol (acetaminophen) use caused autism and ADHD in children were dismissed at the federal MDL level in 2023 on Daubert grounds. The dismissal is currently on appeal, and the litigation could be revived. We continue to monitor the litigation status for clients who have potential claims.

Talcum Powder Ovarian Cancer and Mesothelioma

Lawsuits against Johnson & Johnson alleging that talcum powder products (Johnson’s Baby Powder, Shower-to-Shower) caused ovarian cancer and mesothelioma have produced more than 55,000 active cases. J&J’s $9 billion settlement offer has been viewed as insufficient, and individual trials continue to produce significant verdicts.

Elmiron Vision Damage

Elmiron (pentosan polysulfate sodium) is prescribed for interstitial cystitis. Long-term users have developed pigmentary maculopathy and other forms of vision damage. Litigation continues against Janssen Pharmaceuticals (a Johnson & Johnson subsidiary).

Other Pharmaceutical Injury Categories We Evaluate

• Diabetes medications with serious side effects
• Anticoagulants and blood thinners with bleeding complications
• Antidepressants and SSRIs with undisclosed risks
• Hormone replacement therapy
• Antipsychotic medications
• Statins and cholesterol medications
• Proton pump inhibitors (PPIs) — kidney damage claims
• Generic drug injuries (with specialized preemption analysis)
• Contaminated or recalled drug batches
• Off-label marketing injuries

The pharmaceutical mass tort space evolves rapidly. If you’ve been injured by a prescription or over-the-counter drug, call us — even if the drug isn’t currently in active litigation, individual cases and emerging mass torts are continually evaluated.

Why Texas Pharmaceutical Cases Require a Specialized Attorney

Drug cases involve unique federal regulatory and preemption issues that determine whether claims survive at all. Generalist personal injury firms routinely miss the strategic decisions that determine case viability.

Brand-Name vs. Generic Drug Preemption

The single most important regulatory question in any pharmaceutical case is whether the drug was brand-name or generic — because the preemption analysis is dramatically different:

• Brand-name drug failure-to-warn claims — Under Wyeth v. Levine (2009), state-law failure-to-warn claims against brand-name manufacturers are generally not preempted. Brand-name manufacturers can unilaterally update warnings under FDA’s “Changes Being Effected” (CBE) regulation.
• Generic drug failure-to-warn claims — Under PLIVA v. Mensing (2011) and Mutual Pharmaceutical v. Bartlett (2013), state-law claims against generic manufacturers are largely preempted. Generic manufacturers must use the same warnings as the brand-name product.

This distinction can be case-determinative. In some cases, the only viable defendant is the brand-name manufacturer even when the patient took a generic version — and that pathway requires careful jurisdictional and procedural analysis.

Texas Civil Practice & Remedies Code § 82.007 — The Medicines Provision

Texas’s pharmaceutical-specific provision creates a rebuttable presumption that drug manufacturers are not liable for failure to warn when:

• The warnings and information accompanying the drug at the time of injury were those approved by the FDA, or
• The warnings provided to the FDA were complete and adequate to inform of the risks

The presumption can be rebutted by showing the manufacturer withheld or misrepresented information from the FDA, or that the FDA did not approve the warnings actually used. Knowing how to rebut the § 82.007 presumption is foundational to Texas pharmaceutical litigation.

The Learned Intermediary Doctrine in Texas

Texas applies the learned intermediary doctrine in pharmaceutical failure-to-warn cases. The manufacturer’s duty to warn runs to the prescribing physician (the “learned intermediary”) — not directly to the patient. To win a failure-to-warn case, you must prove:

• The manufacturer’s warnings to physicians were inadequate
• If adequate warnings had been provided, the prescribing physician would have changed their decision (not prescribed the drug, prescribed a different drug, or warned the patient differently)

The “would have changed the decision” element is one of the most heavily contested issues in pharmaceutical litigation and often determines case outcomes.

Texas Civil Practice & Remedies Code Chapter 82 — General Framework

Beyond § 82.007, the broader Chapter 82 product liability framework applies to drug cases:

• § 82.005 — Design defect claims for drugs (limited applicability under federal law but available in some circumstances)
• § 82.003 — Generally protects pharmacies and distributors from product liability claims unless specific exceptions apply
• § 82.008 — Compliance with government standards presumption (works in tandem with § 82.007 in pharmaceutical cases)

The 15-Year Statute of Repose

Texas Civil Practice & Remedies Code § 16.012 imposes a 15-year cap on product liability claims. The clock runs from the date the drug was first sold — not when you took it, and not when complications appeared. Limited exceptions exist (express warranties, latent disease cases), but the 15-year ceiling is a hard limit in most cases.

The Discovery Rule and Two-Year Statute of Limitations

Texas’s two-year personal injury statute under § 16.003 generally runs from the date of injury — but in pharmaceutical cases, the discovery rule often applies. The clock may run from the date you knew or should have known the drug was the cause of your injury. Establishing the discovery date is fact-intensive and often requires medical record review and expert analysis.

Multi-District Litigation (MDL) Strategy

Most major pharmaceutical injury cases are consolidated in federal MDL proceedings. Knowing when to participate in an MDL versus pursuing an individual Texas state-court case is a strategic decision affecting both case value and timeline. Some MDLs produce strong global settlements; others stall for years. Some Texas state-court cases command substantially higher individual values than MDL settlement matrices.

The Texas Stowers Doctrine

The Stowers Doctrine — from the 1929 Texas Supreme Court case G.A. Stowers Furniture Co. v. American Indemnity Co. — gives Texas plaintiffs a powerful tool. When the manufacturer’s insurer unreasonably refuses to settle a clear-liability claim within policy limits, the insurer can be held liable for the entire judgment at trial — even amounts above the policy. Strategic Stowers demands work in pharmaceutical cases the same way they work in other Texas product cases.

How Pharmaceutical Manufacturers Defeat Valid Claims

Pharmaceutical companies have spent decades perfecting defense playbooks. The tactics differ from ordinary product cases because the FDA regulatory framework gives them additional defenses.

Defense Tactics That Cost Patients Their Cases

• Federal preemption motions. The signature defense in generic drug cases under Mensing and Bartlett. Generic manufacturers move to dismiss based on the impossibility of complying with both federal labeling requirements and state-law warning duties.
• The § 82.007 presumption. Manufacturers cite FDA-approved warnings as evidence of non-defectiveness. Rebutting the presumption requires showing fraud, withheld data, or warnings the FDA did not actually approve.
• The learned intermediary defense. Manufacturers argue they discharged their duty by warning the prescribing physician — and that the physician’s decision to prescribe breaks the chain of causation. The “would have changed the decision” element is heavily contested.
• Daubert challenges to causation experts. Pharmaceutical cases live and die on expert testimony about whether the drug actually caused the alleged injury. Defense Daubert motions can exclude critical evidence.
• Statute of repose dismissals. Defendants move to dismiss based on the 15-year cap, especially in cases involving long-term drug use.
• “You took it the wrong way” defense. Manufacturers argue patients took the drug at the wrong dose, for the wrong condition, or in combination with other contraindicated medications.
• Alternative causation. Manufacturers argue your injuries were caused by your underlying medical condition, your other medications, your lifestyle, or other factors — not the drug.
• Statute of limitations dismissals. When the discovery date is contested, manufacturers argue the clock started at first symptom rather than at the date the patient connected symptoms to the drug.
• MDL “low-volume value” tactics. In MDLs with thousands of cases, manufacturers use settlement matrices that pay less than individual Texas state-court claims often produce.

Mistakes That Sink Otherwise Strong Pharmaceutical Cases

• Not preserving prescription records, pharmacy records, and medical records that prove drug use, dosage, and timing
• Failing to document complications and connect them to drug use in medical records
• Talking to manufacturer representatives or insurance investigators without an attorney
• Waiting too long to act, allowing the discovery rule to be lost or the statute of repose to run
• Signing settlement releases or “patient assistance” agreements that waive future claims
• Posting on social media about the drug, your injuries, or unrelated activities
• Hiring a generalist personal injury attorney unfamiliar with FDA preemption and learned intermediary analysis
• Joining an MDL through a high-volume firm without considering individual Texas litigation

How Our Texas Pharmaceutical Injury Attorneys Build Your Case

A serious pharmaceutical injury case is built — not filed. Here’s what we do, often within days of being retained.

• Drug identification and prescription history. The first step. We obtain prescription records, pharmacy records, and medical records to identify exactly what drug you took, the dosage, the duration, and the prescribing physician.
• Brand vs. generic determination. Whether you took the brand-name or a generic version determines the entire preemption analysis and which defendants can be sued.
• FDA regulatory pathway analysis. We pull the drug’s FDA approval history, label changes, post-marketing safety reports, and adverse event data through FAERS (FDA Adverse Event Reporting System).
• Active MDL evaluation. If your drug is part of an active MDL (Ozempic, Suboxone, Tepezza, Paragard, others), we evaluate whether to file in the MDL or pursue an individual Texas state case.
• Causation workup. Establishing that the drug — not your underlying condition, other medications, or alternative causes — caused your injury. This requires medical record review and qualified causation experts.
• Learned intermediary investigation. We obtain testimony or sworn statements from the prescribing physician about what they would have done with adequate warnings.
• § 82.007 rebuttal strategy. Whenever applicable, we structure the case to rebut the Texas medicines presumption — focusing on withheld data, post-approval information, or warnings the FDA did not actually approve.
• Preemption-resistant pleading. Claims drafted to survive Mensing preemption (in generic cases) or to leverage Wyeth v. Levine (in brand-name cases).
• Damages workup with life-care planners. Catastrophic pharmaceutical injury cases require projections of lifetime medical costs, lost earning capacity, and ongoing care.
• Strategic Stowers demands. When liability is clear and damages exceed policy limits, we send Stowers demand letters that force manufacturers’ insurers to settle within limits or face exposure for the full judgment.
• Trial-ready preparation. Manufacturers settle when they believe a plaintiff’s firm can — and will — try the case. We build every drug case as if it’s going to a jury.

What Is My Texas Pharmaceutical Injury Case Worth?

Pharmaceutical injury cases tend to be worth substantially more than ordinary injury cases for several reasons: injuries are often catastrophic, manufacturer defendants typically carry substantial insurance and assets, and gross-negligence punitive damages are frequently available. That said, value depends on the severity of the injury, the strength of the regulatory record, the specific drug involved, and the long-term cost of care.

Common Injuries in Texas Pharmaceutical Cases

• Gastrointestinal complications (gastroparesis, bowel obstruction, ileus)
• Vision damage (NAION, pigmentary maculopathy, blindness)
• Hearing loss and tinnitus
• Severe dental injury and tooth loss
• Cardiac complications (heart attack, stroke, arrhythmia)
• Internal bleeding and clotting disorders
• Liver and kidney damage
• Cancer and serious illness
• Birth defects and developmental injuries
• Diabetes complications
• Severe allergic reactions and anaphylaxis
• Permanent disfigurement and scarring
• Suicide and self-harm (in some psychiatric drug cases)
• Catastrophic injuries requiring lifetime care
• Fatal drug reactions (wrongful death claims)

Recoverable Compensation in Texas Pharmaceutical Cases

Economic Damages (No Cap)

• Past and future medical expenses
• Past and future lost wages
• Loss of earning capacity
• Rehabilitation, therapy, and ongoing treatment
• Custodial and long-term care costs
• Medical equipment and home modifications

Non-Economic Damages

• Physical pain and suffering
• Mental anguish and emotional distress
• Disfigurement and physical impairment
• Loss of enjoyment of life
• Loss of consortium

Punitive (Exemplary) Damages

Frequently available in pharmaceutical cases involving gross negligence — manufacturers who concealed adverse event data, ignored FAERS warnings, delayed required label changes, engaged in off-label marketing, or willfully misrepresented safety data to the FDA. Subject to caps under Texas Civil Practice & Remedies Code § 41.008.

What People Worry About Before Calling a Pharmaceutical Injury Lawyer

“The drug was FDA-approved. Doesn’t that mean I can’t sue?”

No. FDA approval does not bar pharmaceutical injury claims. For brand-name drugs, the U.S. Supreme Court in Wyeth v. Levine held that state-law failure-to-warn claims are generally not preempted. Texas’s § 82.007 creates a rebuttable presumption — meaning it can be overcome with proper evidence. The most successful pharmaceutical claims often involve drugs that were FDA-approved at the time of injury.

“I took a generic version of the drug. Do I still have a case?”

Possibly, but the analysis is more complex. Under PLIVA v. Mensing, claims against generic manufacturers are largely preempted. However, in some cases, the brand-name manufacturer can still be pursued under “innovator liability” theories — particularly when the patient took the generic of a brand-name drug whose warnings were inadequate. This requires careful jurisdictional and procedural analysis.

“I don’t have my prescription records anymore. Is it too late?”

Probably not. Pharmacies are required to retain prescription records for years under federal and state regulations. Pharmacy benefit managers, insurance records, and treating physician records typically also document drug use. We help clients retrieve these records as part of the initial case investigation.

“How long do I have to file a Texas pharmaceutical injury claim?”

Two clocks run simultaneously: the two-year statute of limitations on the underlying personal injury claim (often subject to the discovery rule for latent injuries), and the 15-year statute of repose on product cases (running from the date the drug was first sold). Acting quickly preserves both pathways.

“Should I join an MDL or pursue an individual case?”

It depends on the drug, the MDL’s progress, the strength of your specific case, and the available state-court alternatives. Some MDLs produce strong global settlements; others stall for years. Some Texas state-court cases command substantially higher individual values than MDL settlement matrices. We evaluate this strategically as part of every case.

“I can’t afford a lawyer.”

You don’t pay anything unless we win. Pharmaceutical injury cases are handled on a contingency fee basis — no upfront cost, no hourly billing, no out-of-pocket expense for case investigation, expert witnesses, or filing fees. If we don’t recover, you owe us nothing.

“My drug isn’t on the active MDL list. Do I still have a case?”

Possibly. Individual pharmaceutical injury claims exist outside MDLs, and emerging mass torts begin with individual cases. Adverse drug reactions, contamination cases, off-label marketing harms, and unique injuries from common drugs are evaluated on a case-by-case basis. Call us — we evaluate every potential pharmaceutical claim.

“Can I sue my doctor for prescribing the drug?”

Generally no — claims against physicians for drug-related injuries are typically medical malpractice claims against physicians who failed to meet the standard of care. The pharmaceutical injury claim is against the manufacturer, not the prescribing physician. In some cases, both claims may apply.

“Do you only handle cases in Houston?”

No. We represent injured Texans statewide, with offices in Houston, Dallas, Austin, San Antonio, Lakeway, Sugar Land, The Woodlands, and Katy.

Frequently Asked Questions

What is a pharmaceutical injury claim under Texas law?

A Texas pharmaceutical injury claim is a product liability lawsuit against a drug manufacturer for damages caused by inadequate warnings (failure to warn), design defects, or manufacturing defects. These cases are governed by Texas Civil Practice & Remedies Code Chapter 82, with Texas-specific provisions in § 82.007 (medicines) plus federal preemption frameworks under Wyeth v. Levine, PLIVA v. Mensing, and other Supreme Court precedents.

Does FDA approval of a drug bar my injury claim?

No. FDA approval does not bar pharmaceutical injury claims. Texas Civil Practice & Remedies Code § 82.007 creates a rebuttable presumption against failure-to-warn liability when the drug’s warnings were FDA-approved — but the presumption can be overcome by showing the manufacturer withheld or misrepresented information from the FDA. The U.S. Supreme Court has repeatedly held that brand-name drug failure-to-warn claims are generally not preempted by federal law.

What is the difference between brand-name and generic drug pharmaceutical lawsuits?

The preemption analysis is dramatically different. Under Wyeth v. Levine (2009), state-law failure-to-warn claims against brand-name manufacturers are generally not preempted. Under PLIVA v. Mensing (2011) and Mutual Pharmaceutical v. Bartlett (2013), state-law claims against generic manufacturers are largely preempted. In some cases, a patient who took a generic drug can still pursue the brand-name manufacturer under specific legal theories.

What is the learned intermediary doctrine?

Texas applies the learned intermediary doctrine in pharmaceutical failure-to-warn cases. The manufacturer’s duty to warn runs to the prescribing physician (the “learned intermediary”) rather than directly to the patient. To win a failure-to-warn case, plaintiffs must show the warnings to physicians were inadequate, and that adequate warnings would have changed the prescribing decision.

What pharmaceutical mass torts are active in 2026?

Active 2026 pharmaceutical mass torts include Ozempic / GLP-1 drugs (MDL 3094 in the Eastern District of Pennsylvania), Suboxone tooth decay, Tepezza hearing loss, Paragard IUD, talcum powder ovarian cancer, and Elmiron vision damage. The Tylenol / acetaminophen autism litigation was dismissed and is on appeal. The pharmaceutical mass tort landscape evolves rapidly.

How long do I have to file a Texas pharmaceutical injury lawsuit?

Two deadlines apply. Texas’s two-year statute of limitations under § 16.003 runs from the date of injury — though the discovery rule often applies in latent injury cases, running from the date you knew or should have known the drug caused your harm. Texas’s 15-year statute of repose under § 16.012 runs from the date the drug was first sold, regardless of when injury occurred.

What is multi-district litigation (MDL) for pharmaceutical cases?

An MDL consolidates federal cases involving similar drugs and similar claims into a single court for coordinated pretrial proceedings. MDLs streamline discovery and bellwether trials, but settlement matrices often pay less than strong individual state-court cases. The decision whether to participate in an MDL or pursue individual Texas state-court litigation is strategic.

What is Texas’s § 82.007 medicines provision?

Texas Civil Practice & Remedies Code § 82.007 creates a rebuttable presumption that pharmaceutical manufacturers are not liable for failure to warn when the warnings accompanying the drug were FDA-approved. The presumption can be rebutted by showing the manufacturer withheld or misrepresented information from the FDA, or that the FDA did not actually approve the warnings used. Knowing how to rebut this presumption is foundational to Texas pharmaceutical litigation.

What is a Stowers demand and why does it matter in pharmaceutical cases?

A Stowers demand is a formal settlement offer made within the manufacturer’s insurance policy limits. Under Texas’s Stowers Doctrine, if the insurer unreasonably refuses a Stowers demand and the case results in a judgment exceeding policy limits, the insurer can be held liable for the entire amount. Stowers demands are particularly powerful in serious pharmaceutical cases where catastrophic injuries clearly exceed available coverage.

What if my loved one died from a dangerous drug?

Surviving family members may pursue Texas wrongful death claims against the manufacturer, distributor, and any other liable parties for the full range of wrongful death damages — including loss of companionship, mental anguish, and lost financial support. Punitive damages may be available for grossly negligent conduct, including concealment of safety data or willful FDA violations.

Don’t Let a Preemption Motion End Your Case

Pharmaceutical manufacturers’ first move is almost always a motion to dismiss based on federal preemption or the § 82.007 presumption. Their second is to push individual cases into MDL settlement matrices that pay less than strong Texas state cases command. Without an attorney who understands the FDA regulatory framework, the brand-vs.-generic preemption distinction, and Texas pharmaceutical product law, valid claims can be defeated before they ever reach discovery.

We offer 100% free, confidential case reviews for Texas pharmaceutical injury victims. We work on contingency, so you pay nothing unless we win.

CALL: 713-352-7975

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We’ll listen to what happened. We’ll evaluate the drug, the regulatory pathway, the MDL landscape, and the legal strategy — and tell you honestly whether you have a case. If you do, we’ll explain how we’d build it.

Past results do not guarantee a similar outcome. Each case is unique and depends on its own facts. The information on this page is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. References to active MDL case counts and litigation status reflect publicly reported information as of 2026 and may have changed.