Find a dangerous drug or medical device lawyer in Houston: what to report, where claims go and which limits apply

Report a bad reaction to the FDA's MedWatch program, and do not stop a medicine suddenly. Texas gives you 2 years to sue and cuts claims off 15 years after the sale. An FDA-approved label is presumed adequate. A case can be filed in Harris County or in federal court at 515 Rusk.

Last checked November 9, 2026 · Official sources (40)

Dangerous drug or medical device in Houston? See if you are owed money.

$0 upfront. No fee unless you win.

Free to send, no obligation. A law firm that handles this type of case in your state reviews it. How this works
Map of the Houston area showing the Texas Medical Center and the courthouses at 515 Rusk and 201 Caroline
Texas cuts off drug claims 15 years after the sale. Map data © OpenStreetMap contributors.

Who should you report a bad drug or device reaction to?

  1. Keep the medicine, the box, the label and the lot number. Match the lot number on your box against any recall notice.
  2. Talk to the prescriber before you stop a medicine, because stopping suddenly can be more harmful.
  3. File a report with MedWatch, the FDA program for serious reactions and product problems. Patients can use the online form.
  4. For a possible overdose or wrong dose, call a poison center. Texas has six regional poison centers with free, 24-hour medical advice.
  5. Ask for your records. Ben Taub and Memorial Hermann - Texas Medical Center are Level I trauma centers, and Harris Health sends clear requests within 15 business days.

Your doctor does not have to report. Many recalls are not posted on FDA.gov and get no news coverage. And a report alone cannot prove cause. Reporting helps, but it is not a substitute for a claim.

Where does your complaint go in Houston, and who is responsible?

What went wrongWho may be responsibleWhere to go
Wrong pill or dose from a pharmacyThe pharmacy or pharmacistTexas State Board of Pharmacy, in writing, (800) 821-3205.
A doctor prescribed it badlyThe doctorThe Texas Medical Board takes complaints but cannot investigate a hospital. Suits need 60 days' notice.
The drug's warning was weakThe brand makerThe maker is responsible for its label at all times.
A generic drugThe generic makerGeneric labels must match the brand. Claims that turn on warnings are preempted.
A medical deviceThe device makerPremarket approved devices bar common-law safety claims. A 510(k) shows equivalence, not safety.

What does an FDA label mean for a Texas drug claim?

A lot. Texas sets a rebuttable presumption of no liability on warnings when the FDA approved the label. Two exceptions can rebut it: the maker withheld information from or misled the FDA, or it promoted an unapproved use.

In a Texas case, the Fifth Circuit found the fraud exception preempted. The Texas design statute does not apply to drugs or devices. This is a specialized area. Ask any lawyer how many drug cases they have handled.

Which Houston courts hear drug and device cases?

Harris County's five Civil Courts at Law sit at 201 Caroline, 5th Floor. The county's justice courts hear only claims up to $20,000.

A case can also be filed in federal court. The Houston Division of the Southern District of Texas is at the Bob Casey United States Courthouse, 515 Rusk Avenue. It covers Colorado, Fort Bend, Harris, Montgomery, San Jacinto and Wharton counties.

How long do you have to sue over a drug or device injury in Texas?

  • Two years after the claim accrues.
  • A 15-year cutoff after sale. Slow-developing disease cases can fall outside it.
  • A child's time waits until age 18.
  • If Medicare paid for your drug injury care, it must be repaid out of a settlement.

Vaccines are different. Most go through a no-fault federal program, and COVID-19 vaccines go through another program.

Questions

What is a Class I recall?

One with a reasonable probability of serious harm or death. A Class II recall covers temporary or reversible harm.

Do manufacturers have to report problems?

Manufacturers and device user facilities must report mandatory device problems.

Can I sue if I took a generic version?

It is harder. Federal law requires generic labels to match the brand, and claims turning on warnings are preempted.

Is a Houston court faster than a federal one?

We could not find a source that compares them. Which court fits depends on facts a Houston lawyer has to review.

Dangerous drug or medical device in Houston? See if you are owed money.

A free case review. $0 upfront. No fee unless you win.

See if I’m owed money

Sources (40)

  1. FDA MedWatch, checked 2026-11-09. “program for reporting serious reactions, product quality problems”
  2. FDA, checked 2026-11-09. “stopping your medicine may be more harmful to your health than continuing to take the recalled medicine”
  3. Texas Civ. Prac. & Rem. Code 16.003, checked 2026-11-09. “not later than two years after the day the cause of action accrues”
  4. 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”
  5. 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”
  6. U.S. District Court, Southern District of Texas, Houston, checked 2026-11-09. “Location: Bob Casey United States Courthouse 515 Rusk Avenue Houston, TX 77002”
  7. FDA MedWatch, checked 2026-11-09. “Your health care provider is NOT required to report to the FDA.”
  8. FDA MedWatch, checked 2026-11-09. “you may complete the Online Reporting Form yourself”
  9. 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”
  10. 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”
  11. Texas State Board of Pharmacy, Complaints, checked 2026-11-09. “Anyone may file a complaint against a TSBP licensee; however, complaints must be received in writing.”
  12. Texas State Board of Pharmacy, Complaints, checked 2026-11-09. “Complaints: (800) 821-3205”
  13. U.S. District Court, Southern District of Texas, Houston, checked 2026-11-09. “Counties: Colorado, Fort Bend, Harris, Montgomery, San Jacinto, Wharton”
  14. FDA, checked 2026-11-09. “check the lot number on the label of your medicine”
  15. Texas Department of State Health Services, Texas Poison Center Networks, checked 2026-11-09. “Texas has six regional poison centers that provide 24-hour access to free immediate medical advice for Texans.”
  16. Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “HARRIS HEALTH BEN TAUB HOSPITAL 4/1/2028 Q HOUSTON 77030”
  17. Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “MEMORIAL HERMANN - TEXAS MEDICAL CENTER 5/1/2028 Q HOUSTON 77030”
  18. Harris Health, Medical Records, checked 2026-11-08. “helps us send your records within 15 business days”
  19. FDA, checked 2026-11-09. “not all recalls are announced on FDA.gov or in the news media”
  20. FDA MAUDE, checked 2026-11-09. “cannot be determined from this reporting system alone”
  21. Medicare.gov, checked 2026-11-09. “Contact your State medical board.”
  22. 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.”
  23. Texas Civ. Prac. & Rem. Code 74.051, checked 2026-11-09. “at least 60 days before the filing of a suit”
  24. Supreme Court, Wyeth v. Levine (2009), checked 2026-11-09. “the manufacturer bears responsibility for the content of its label at all times”
  25. 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”
  26. Supreme Court, Mutual Pharmaceutical v. Bartlett (2013), checked 2026-11-09. “State-law design-defect claims that turn on the adequacy of a drug's warnings are pre-empted by federal law under PLIVA.”
  27. 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”
  28. Supreme Court, Medtronic v. Lohr (1996), checked 2026-11-09. “process is focused on equivalence, not safety”
  29. Fifth Circuit, Lofton v. McNeil (2012), checked 2026-11-09. “the district court correctly found that federal law preempts a Texas tort reform law”
  30. 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”
  31. Harris County Civil Courts at Law, checked 2026-11-09. “Harris County Civil Courts at Law 201 Caroline • Houston, Texas 77002”
  32. Harris County Justice Courts, About, checked 2026-11-08. “Justice Courts have jurisdiction of civil matters in which the amount in controversy is no more than $20,000”
  33. 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”
  34. Tex. Civ. Prac. & Rem. Code § 16.001, checked 2026-11-08. “the time of the disability is not included in a limitations period”
  35. CMS, checked 2026-11-09. “it must be repaid to Medicare when a settlement, judgment, award, or other payment is made”
  36. HRSA, checked 2026-11-09. “is a no-fault alternative to the traditional legal system for resolving vaccine injury petitions”
  37. HRSA, checked 2026-11-09. “please file your Request for Benefits with the Countermeasures Injury Compensation Program”
  38. 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.”
  39. 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”
  40. FDA, checked 2026-11-09. “manufacturers, device user facilities, and importers) are required to submit to the FDA”

Editorial policy

See if I’m owed moneyNo fee unless you win
AccidentsCitiesStatesGuides
See if I’m owed money