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We won a verdict for a single plaintiff in an action against a multi-national pharmaceutical company.
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Have you been injured due to a dangerous or defective medication? As unthinkable as it is, many consumers suffer devastating injuries by the medications marketed to help them. When that happens, consumers may have legal options.
A Houston defective drug lawyer works to identify how the drug failed and who should be held accountable, holding manufacturers, distributors, and other responsible parties to the standard Texas law demands. Kherkher Garcia LLP helps consumers understand their rights and legal options.
Pharmaceutical injuries often surface gradually, appearing weeks or months after a patient begins taking a medication. This makes it harder to connect the injuries to the drug itself.
According to the U.S. Food and Drug Administration’s (FDA’s) drug recall process, a recall is one of the main tools used to remove a harmful medication from the market once regulators or the manufacturer identify a safety risk. A recall signals that the danger was serious enough to pull the product from pharmacy shelves nationwide. Unfortunately, by the time a recall reaches the public, many patients have often already suffered harm.
Injuries linked to defective drugs vary depending on the medication and the nature of the defect, but common outcomes include:
If any of these outcomes followed a new prescription or dosage change, a Houston defective drug lawyer can help determine whether the medication, rather than an unrelated condition, caused the harm, and whether other patients have reported similar reactions.
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Kherkher Garcia Founding Partner, Steve Kherkher, was instrumental in obtaining a sizable verdict against a major pharmaceutical company and their drug, commonly known as Phen-Fen.
This result reflects the type of investigation and preparation a dangerous drug claim can demand, particularly when a well-funded manufacturer disputes the connection between its product and the patient’s injury.
Past results depend on the specific facts of each case and do not predict the outcome of a future claim. Kherkher Garcia LLP continues to apply that same level of preparation to every new defective drug claim.
Our trial lawyers will go the distance against corporations and insurance companies to win the maximum compensation in your case.
We stand ready to fight for you against the injustices caused by negligent actions throughout the state of Texas and across the Nation.
Texas law recognizes three categories of defects that can make a medication unreasonably dangerous. These defects can involve prescription drugs, biologics, or medical devices monitored under the FDA’s adverse event reporting program. Each category of defect requires its own approach to investigation and litigation.
A design defect exists when the chemical formulation of a drug is inherently dangerous, meaning every unit produced under that formula carries the same underlying risk regardless of how carefully it was manufactured or packaged.
Common examples include a drug combination that produces a dangerous interaction, a dosage strength that carries an unreasonable risk compared to its benefit, or an active ingredient known to cause organ damage in a meaningful percentage of patients. Design defect claims often rely on comparing the medication to a safer alternative that could have achieved the same treatment goal without the same level of risk.
A manufacturing defect occurs when a medication departs from its intended design somewhere during production, even though the original formulation was safe. Common causes include contamination during production, an incorrect dosage strength introduced during mixing, or mislabeled packaging that leads a patient to take the wrong medication or dosage.
Because manufacturing defects often affect only certain lots, quality control records, batch testing results, and internal company communications play a central role in showing when and how the failure occurred.
A marketing defect, often called a failure to warn, arises when a drug manufacturer does not provide adequate instructions or warnings about a known risk, even though the medication functions exactly as designed. These claims frequently involve side effects the manufacturer knew about through its own clinical trials or post-market data but left off the label.
A manufacturer that received FDA approval for its warning label may have some legal protection, though that protection can be overcome with evidence that the manufacturer withheld safety information from the FDA during the approval or post-market review process.
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More than one party can share legal responsibility for a defective medication. Identifying every liable party in the chain of distribution can impact the total compensation available. A thorough investigation looks beyond the pharmacy counter to every business involved in designing, producing, and bringing the drug to market. Parties that may be held liable include:
Texas product liability law allows an injured patient to pursue a claim against any party in this chain whose conduct contributed to their injuries, and more than one party can be named in the same lawsuit when the evidence supports it.
A defective drug claim allows an injured patient to pursue compensation for the harm the medication caused. Victims may pursue compensation for immediate medical needs and may account how the injury changed their daily life. The value of a claim generally depends on the severity of the injury, the strength of the supporting medical evidence, and whether the effects are temporary or permanent. Damages commonly available include:
Every case is unique, and the potential damages depend on the facts, evidence, and documented losses. Kherkher Garcia LLP works to document all relevant damages, including projected future costs, before presenting a claim to the responsible parties.
Texas law places a strict time limit on defective drug claims, and missing this deadline can permanently bar an otherwise valid case. An injured patient generally has two years from the date of the injury, or the date the injury was discovered, to file a product liability lawsuit.
This discovery rule matters in drug cases because some injuries, such as organ damage or an increased cancer risk, do not appear until long after a patient stops taking the medication.
A defective drug can affect a patient’s health for years after the initial injury. Identifying the responsible party often requires medical records, pharmacy documentation, and a clear understanding of Texas product liability law. Kherkher Garcia LLP has the knowledge and resources that clients need to pursue compensation against pharmaceutical companies. Our team reviews what happened, explains the legal options available, and pursues maximum compensation.
Call us at 713-333-1030 to speak with a Houston defective drug lawyer today about the medication and the injury. Our firm operates on a contingency fee basis, so there is no upfront cost to discuss a potential claim and begin building the case.
Steve Kherkher is passionate about serving his clients. He has dedicated his life to championing the rights of those who have experienced catastrophic injury due to negligence.
Steve Kherkher, along with Trial Lawyer Jesus Garcia, founded Kherkher Garcia, and under their leadership, the firm achieved unprecedented success within its first three years.
With a career spanning over 35 years, Steve’s tireless pursuit of justice for his clients has earned him national recognition and numerous accolades as an exemplary trial attorney.
Jesus Garcia Jr. is a founding partner of Kherkher Garcia LLP and a nationally recognized trial lawyer with more than 20 years of experience representing victims of catastrophic injury and wrongful death caused by corporate negligence.
Raised in Rio Grande City, Texas, Jesus brings a deep understanding of hard work, perseverance, and accountability to every case he handles. His commitment to justice has led to record-setting verdicts and settlements, including some of the largest recoveries in Texas history.
Known for his trial-ready approach and relentless advocacy, Jesus has dedicated his career to holding powerful corporations accountable and fighting for families when they need it most.
Prescription and over-the-counter medications are meant to improve your health, but defective drugs can cause devastating injuries and life-changing complications. At Kherkher Garcia LLP, our personal injury lawyers hold pharmaceutical companies accountable while pursuing the full compensation injured victims deserve. When you need a defective drug lawyer near you in Houston you can trust, we are ready to fight for you from day one.
Visit us at 2925 Richmond Ave., Suite 1560, Houston, Texas 77098, or call 713-333-1030 for a free consultation today.
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It is difficult to share some of the most tragic details you will ever experience with someone you don’t know. The Kherkher Garcia law firm will make you feel like family. They are there for you every step of the way when you don’t know which direction to go. Honest and fair. You will be happy you chose them.
Aggressive firm ready to meet each client’s needs. Have yet to meet a client not incredibly impressed by this firm. If you’re looking for quality representation, look no further.
Want to take my time to express how I feel about my experience with Kherkher Garcia LLP my whole case was tuff but for the team who tackled on the fight where amazing hands down the greatest I had a rough time but they where their for me all the way Kevin Haynes amazing attorney hands down great person and always stood beside me as well as everyone else around wen I need the most help for my case I highly recommend for anyone looking to take on the fight for you Kherkher Garcia LLP are their for u great hospitality and amazing at what they do
Jesus Garcia is one of the best trial lawyers I have seen in action. He commands the attention of the jury when he speaks. He is a down to earth person and that is probably why he gets amazing results. He is professional and will treat you with respect. If you ever need a personal injury lawyer, I highly recommend that you call Jesus Garcia
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A connection to a defective drug is often established through medical records, pharmacy documentation, and a careful review of the medication’s known risks and side effects.
Patients who experience an unexpected reaction, especially one not listed on the drug’s warning label, should keep the medication container, the packaging, and any paperwork from the pharmacy, since this information helps show whether the drug caused the harm rather than an unrelated medical issue.
In most cases, the filing deadline is two years from the date of the injury or its discovery. Missing this deadline typically bars the claim entirely, regardless of how strong the supporting evidence may be.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorneys Steve Kherkher and Jesus Garcia Jr., who have more than 50 years of combined legal experience championing the rights of those who have experienced catastrophic injury due to negligence.
Connect with a Kherkher Garcia trial lawyer today to pursue maximum compensation for your injury.
