Find a dangerous drug injury lawyer in Midland: report it, keep the bottle, know the limits
Nothing about a drug claim is local to Midland. It runs on state and federal law, wherever the maker is. For poisoning help, call 1-800-222-1222; the West Texas Poison Center covers Midland. You can report a reaction to the FDA yourself. A drug injury suit generally has to be filed within 2 years.
Last checked November 9, 2026 · Official sources (32)
Who do I call in Midland if a medicine made me sick?
Call 1-800-222-1222. The West Texas Regional Poison Center at University Medical Center of El Paso serves 36 West Texas counties, including Midland. Its staff is bilingual in English and Spanish.
For an emergency, call 911. Midland Fire provides EMS to the city and county, and Midland Memorial's emergency department is a Level 3 trauma center. Do not stop a prescribed medicine suddenly. Stopping may be more harmful than continuing.
How do I report a dangerous drug or device from Midland?
- Keep the medicine, the box, the lot number and the pharmacy receipt. Match the lot number to a recall notice, if there is one.
- Report the problem to the FDA's MedWatch program. You can use the online form yourself.
- Do not count on your doctor to report. A provider is not required to.
- If a pharmacy filled the wrong drug or dose, a complaint goes to the Texas State Board of Pharmacy. It covers pharmacies and pharmacists, not drug makers.
- Send Midland Health a written request for your records, and expect a reply in about 5 working days.
Not every recall is public. Many are not announced on FDA.gov or in the news. A report alone cannot prove what caused your injury.
What do Texas and federal law limit in a Midland drug case?
| Issue | What the law says | Effect |
|---|---|---|
| FDA-approved label | Texas presumes the maker is not liable on warnings if the label was FDA-approved. | A hurdle for failure-to-warn claims |
| Exceptions | Withholding or misleading the FDA, or promoting an unapproved use, can rebut it. | The Fifth Circuit found the fraud exception preempted in a Texas case. |
| Brand drugs | The maker is responsible for its label at all times. | The brand maker owns its label |
| Generic drugs | Labels must match the brand's, and warning-based design claims are preempted. | Generic claims are narrow |
| Medical devices | Premarket-approved devices bar common-law safety claims. The 510(k) process looks at equivalence, not safety. | Depends on the approval path |
Vaccine injuries go through a separate no-fault federal program.
How long do I have to sue over a dangerous drug in Midland?
Two years after the claim accrues. Texas also has a 15 year cutoff after the sale of a product, with an exception for slow-developing disease. For a child, the clock stays paused until age 18.
If a public hospital gave you the medicine, government notice may apply. The Midland County Hospital District performs a public function, and notice is due in 6 months unless the government had actual notice.
Where is a drug injury lawsuit filed in Midland?
State cases go through the Midland County District Clerk, 500 N. Loraine, Suite 300, 432-688-4500. Civil filing is electronic only. A Midland County Court at Law can take a civil case worth up to $500,000. Ask a lawyer whether your case belongs in state or federal court.
Questions
Can I report a drug problem in Spanish?
Yes. The West Texas Poison Center's whole staff is bilingual in English and Spanish.
Does Midland have a medical records office?
Midland Health takes written Release of Information requests and should answer in 5 working days. To reach the office, call Midland Health at (432) 221-1111.
Does the pharmacy board handle drug maker complaints?
No. The Texas State Board of Pharmacy regulates pharmacies and pharmacists only.
Dangerous drug or medical device in Midland? See if you are owed money.
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See if I’m owed moneySources (32)
- Texas Poison Center Network, checked 2026-11-09. “We are designated to serve the 36 counties of West Texas in Public Health Regions 9 and 10.”
- FDA MedWatch, checked 2026-11-09. “you may complete the Online Reporting Form yourself”
- Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
- FDA, checked 2026-11-09. “stopping your medicine may be more harmful to your health than continuing to take the recalled medicine”
- FDA MedWatch, checked 2026-11-09. “Your health care provider is NOT required to report to the FDA.”
- FDA, checked 2026-11-09. “check the lot number on the label of your medicine”
- 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”
- 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”
- Texas Poison Center Network, checked 2026-11-09. “our entire staff is fully bilingual (English/Spanish)”
- City of Midland, About MFD, checked 2026-11-08. “provides fire protection and emergency medical services”
- Midland Health, Our Services, checked 2026-11-08. “is a Level 3 Adult Trauma Center”
- FDA MedWatch, checked 2026-11-09. “program for reporting serious reactions, product quality problems”
- Texas State Board of Pharmacy, 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.”
- Midland Health, Medical Records, checked 2026-11-08. “Release of Information should provide an answer in 5 working days”
- Midland Health, Medical Records, checked 2026-11-08. “Main Line: (432) 221-1111”
- FDA, checked 2026-11-09. “not all recalls are announced on FDA.gov or in the news media”
- 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”
- Fifth Circuit, Lofton v. McNeil (2012), checked 2026-11-09. “the district court correctly found that federal law preempts a Texas tort reform law”
- Supreme Court, Wyeth v. Levine (2009), checked 2026-11-09. “the manufacturer bears responsibility for the content of its label at all times”
- 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”
- 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.”
- 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”
- Supreme Court, Medtronic v. Lohr (1996), checked 2026-11-09. “process is focused on equivalence, not safety”
- HRSA, checked 2026-11-09. “is a no-fault alternative to the traditional legal system for resolving vaccine injury petitions”
- 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”
- 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”
- Tex. Civ. Prac. & Rem. Code § 16.001, checked 2026-11-08. “the time of the disability is not included in a limitations period”
- Texas Special District Local Laws Code 1061.003, checked 2026-11-09. “The district performs an essential public function”
- Texas Civ. Prac. & Rem. Code 101.101, checked 2026-11-09. “not later than six months after the day that the incident giving rise to the claim occurred”
- Midland County, Staff Directory, checked 2026-11-08. “Suite Number 300”
- Midland County, checked 2026-11-09. “Electronic Filing is required in Midland County for all Civil and Probate Cases”
- Midland County Courts-at-Law, checked 2026-11-09. “Civil cases in which the amount in controversy exceeds $500 but does not exceed $500,000”