Find a dangerous drug or medical device lawyer in Austin: where to report and how to claim

Texas generally gives you 2 years from when the claim accrues to sue, with a 15 year cutoff after sale. Several agencies that take complaints sit in Austin: the Texas State Board of Pharmacy, the Texas Medical Board and the DSHS Drugs and Medical Devices Unit.

Last checked November 9, 2026 · Official sources (37)

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Road map of downtown Austin showing Congress Avenue, where the Texas State Board of Pharmacy and the Texas Medical Board have offices
Report a bad drug to MedWatch yourself. Your doctor need not. Map data © OpenStreetMap contributors.

Where do you report a dangerous drug or device in Austin?

WhoWhat it coversHow to reach it
Texas State Board of PharmacyTexas-licensed pharmacies, pharmacists, interns and technicians only. Complaints must be in writing1801 Congress Avenue, Suite 13.100, Austin
Texas Medical BoardPhysicians. It cannot investigate a hospital or other facility1801 Congress Avenue, Suite 9.200, Austin; help at 1-800-201-9353
DSHS Drugs and Medical Devices UnitDrug and device makers and distributors512-834-6755, weekdays 8 a.m. to 5 p.m.
FDA MedWatchSerious reactions and product problemsPatients can report online
Poison helpMedicine questions, 24 hours1-800-222-1222

A report starts a record. It does not by itself prove cause.

Was your drug or device recalled?

Check the lot number against any notice you find. FDA treats a Class I recall as a reasonable probability of serious harm or death, and a Class II recall as temporary or reversible harm or a remote chance of serious harm.

Plenty of recalls never show up on FDA.gov or in the news. If you took the drug and feel sick, the Texas Poison Center Network answers medicine questions 24 hours a day at 1-800-222-1222.

Keep the box, the label, the pills or the device. Do not stop a medicine suddenly. Talk to your doctor first, because stopping can be more harmful.

Can you sue a drug or device maker if you live in Austin?

  • A brand-name maker stays responsible for what its label says, even for a drug filled at an Austin pharmacy.
  • A generic maker must match the brand label, so some warning claims against generics are blocked.
  • For a device that got premarket approval, common-law safety claims are barred.
  • A 510(k) device is cleared on equivalence, not on a safety finding.
  • In Texas, an FDA-approved label creates a presumption of no liability on warnings. Withholding information from FDA or promoting an unapproved use can rebut it.
  • Texas sits in the Fifth Circuit, and that court found the fraud exception preempted in a Texas case.
  • The state's design defect statute leaves drugs and devices out.

These rules come from federal and Texas law, and they cut deep. A lawyer who handles drug cases can tell you what is left of your claim.

How do you get your records in Austin?

  1. Write down every drug, dose and start date, and the pharmacy that filled each one.
  2. Ask each provider in writing for your chart. The provider then has 30 days to act. At Ascension Seton, the request goes by mail or in person, and St. David's South Austin offers the MyHealthONE portal among other ways.
  3. Ask the pharmacy for your fill history. Complaints about the pharmacy itself go to the Pharmacy Board.
  4. Keep every bill. If Medicare paid for the drug, Medicare gets repaid from a settlement.

How long do you have to sue over a dangerous drug in Texas?

RuleDeadline
Lawsuit against a maker2 years after the claim accrues
Cutoff after sale15 years, with an exception for slow-developing disease
Claim against a doctor or hospital2 years, with 60 days' written notice first
Public hospital or government clinicWritten notice within 6 months
Injured childTime does not run while under 18

Questions

Is the Texas Medical Board the place to complain about a drug maker?

No. It handles physicians. Drug makers go to DSHS or FDA.

Can a hospital be reported to the Medical Board?

No. The Board cannot investigate a hospital or emergency department.

Which Austin hospital is the Level I trauma center?

Dell Seton Medical Center at The University of Texas.

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Sources (37)

  1. Texas Civ. Prac. & Rem. Code 16.003, checked 2026-11-09. “not later than two years after the day the cause of action accrues”
  2. Texas Civ. Prac. & Rem. Code 16.012, checked 2026-11-09. “before the end of 15 years after the date of the sale of the product by the defendant”
  3. Texas State Board of Pharmacy, Contact, checked 2026-11-09. “1801 Congress Avenue Suite 13.100 Austin, Texas 78701-1319”
  4. Texas Medical Board, Notice Concerning Complaints, checked 2026-11-09. “1801 Congress Avenue, Suite 9.200 P.O. Box 2018 Austin, Texas 78768-2018 Assistance in filing a complaint is available by calling the following telephone number: 1-800-201-9353”
  5. Texas DSHS, How to File a Complaint, Drug Manufacturers and Distributors, checked 2026-11-09. “The Drugs and Medical Devices Unit is available from 8 a.m. to 5 p.m. Monday-Friday to receive complaints.”
  6. Texas State Board of Pharmacy, Complaints, checked 2026-11-09. “The Texas State Board of Pharmacy has regulatory authority solely over pharmacies, pharmacists, pharmacist interns and pharmacy technicians licensed in Texas.”
  7. Texas State Board of Pharmacy, Complaints, checked 2026-11-09. “complaints must be received in writing.”
  8. FDA MedWatch, checked 2026-11-09. “you may complete the Online Reporting Form yourself”
  9. FDA MedWatch, checked 2026-11-09. “Your health care provider is NOT required to report to the FDA.”
  10. FDA, checked 2026-11-09. “stopping your medicine may be more harmful to your health than continuing to take the recalled medicine”
  11. Texas Medical Board, Complaint About Licensee, checked 2026-11-09. “TMB does not have the authority to investigate a facility, including a hospital or emergency department.”
  12. FDA MedWatch, checked 2026-11-09. “program for reporting serious reactions, product quality problems”
  13. Texas Poison Center Network, checked 2026-11-09. “Call 1-800-222-1222 anytime, day or night.”
  14. FDA MAUDE, checked 2026-11-09. “cannot be determined from this reporting system alone”
  15. FDA, checked 2026-11-09. “check the lot number on the label of your medicine”
  16. FDA, checked 2026-11-09. “Class I recall: a situation in which there is a reasonable probability that the use of or exposure to a violative product will cause serious adverse health consequences or death.”
  17. FDA, checked 2026-11-09. “Class II recall: a situation in which use of or exposure to a violative product may cause temporary or medically reversible adverse health consequences”
  18. FDA, checked 2026-11-09. “not all recalls are announced on FDA.gov or in the news media”
  19. Supreme Court, Wyeth v. Levine (2009), checked 2026-11-09. “the manufacturer bears responsibility for the content of its label at all times”
  20. Supreme Court, PLIVA v. Mensing (2011), checked 2026-11-09. “violated the federal requirement that generic drug labels be the same as the corresponding brand-name drug labels”
  21. Supreme Court, Riegel v. Medtronic (2008), checked 2026-11-09. “bars common-law claims challenging the safety or effectiveness of a medical device marketed in a form that received premarket approval from the FDA”
  22. Supreme Court, Medtronic v. Lohr (1996), checked 2026-11-09. “process is focused on equivalence, not safety”
  23. Texas Civ. Prac. & Rem. Code 82.007, checked 2026-11-09. “there is a rebuttable presumption that the defendant or defendants, including a health care provider, manufacturer, distributor, and prescriber, are not liable”
  24. Texas Civ. Prac. & Rem. Code 82.007, checked 2026-11-09. “withheld from or misrepresented to the United States Food and Drug Administration required information”
  25. Texas Civ. Prac. & Rem. Code 82.007, checked 2026-11-09. “the defendant recommended, promoted, or advertised the pharmaceutical product for an indication not approved”
  26. Fifth Circuit, Lofton v. McNeil (2012), checked 2026-11-09. “the district court correctly found that federal law preempts a Texas tort reform law”
  27. Texas Civ. Prac. & Rem. Code 82.005, checked 2026-11-09. “a drug or device, as those terms are defined in the federal Food, Drug, and Cosmetic Act”
  28. 45 CFR 164.524, checked 2026-11-09. “no later than 30 days after receipt of the request”
  29. Ascension Seton, Authorization for Release of Information, checked 2026-11-08. “Mail in or present your request in person at the applicable site location(s).”
  30. St. David's South Austin, Medical Records, checked 2026-11-08. “We offer several ways to request your medical records”
  31. CMS, checked 2026-11-09. “it must be repaid to Medicare when a settlement, judgment, award, or other payment is made”
  32. Texas Civ. Prac. & Rem. Code 16.012, checked 2026-11-09. “the symptoms of the claimant's disease did not, before the end of 15 years”
  33. Texas Civ. Prac. & Rem. Code 74.251, checked 2026-11-09. “no health care liability claim may be commenced unless the action is filed within two years from the occurrence of the breach or tort or from the date the medical or health care treatment that is the subject of the claim or the hospitalization for which the claim is made is completed”
  34. Texas Civ. Prac. & Rem. Code 74.051, checked 2026-11-09. “at least 60 days before the filing of a suit”
  35. Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
  36. Tex. Civ. Prac. & Rem. Code § 16.001, checked 2026-11-08. “the time of the disability is not included in a limitations period”
  37. Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “DELL SETON MEDICAL CENTER AT THE UNIVERSITY OF TEXAS 10/1/2028 O AUSTIN 78701”

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