Tag Archives: Failure to Warn

Plaintiff’s Attempt to Rebut Presumption of Adequate Prescription Drug Warning Fails

The Texas legislature enacted Civil Practice & Remedies Code §82.007 which establishes a presumption in tort cases alleging harm from a prescription drug that a drug’s warning is adequate if approved by the Food and Drug Administration (FDA). This gives prescription drug manufacturers a necessary shield against a cavalcade of lawsuits alleging side effects… Read More »