When generic drugs first became available in the 1980s, patients everywhere celebrated due to the drastically lower prices. What consumers didn’t know was that, in choosing generic drugs over brand name versions, they were giving up their right to receive damages should they suffer from injuries due to ingesting generic drugs.

According to a recent article in the New York Times, while patients who became ill after taking brand name dangerous drugs can win a malpractice lawsuit, those who take generic drugs cannot. The reason goes back to a Supreme Court decision which stated that, since generic drugs do not have control over what is listed on their labels, they cannot be sued for medical malpractice. Even cases involving drugs that necessitated amputations due to gangrene and major surgeries to address debilitating gastrointestinal problems, the prescription injury victims who were given generic forms of the drug had their cases dismissed.

San Antonio personal injury lawyers at The Herrera Law Firm, Inc. know that some Texas medical malpractice cases involve generic drugs and are working hard to fight for the rights of their dangerous drug lawsuit clients.

In the article, the significant inequity of patients filing medical malpractice lawsuits is evident. “Your pharmacists aren’t telling you, hey, when we fill this with your generic, you are giving up all of your legal remedies,” said Michael Johnson, a lawyer who represented Gladys Mensing, one of the patients who sued generic drug companies in last year’s Supreme Court case, Pliva v. Mensing. “You have a disparate impact between one class of people and another.”

Since almost 80 percent of prescriptions in this country are filled by generic drugs, the Supreme Court ruling could be affecting millions of people. And since most states allow pharmacists to dispense prescriptions with a generic drug rather than brand name, the inability to sue for dangerous drug illnesses very likely impacts millions of people.

It is shocking to note that over 40 judges have dismissed cases against manufacturers of generic drugs since the 2011 Supreme Court ruling. In one instance, dozens of cases were summarily dismissed by one judge who used the Supreme Court’s decision as a reason to dismiss the medical malpractice claims of all those significantly injured people.

What this means is that all of us must be aware when we get a prescription filled generically, that we may be forfeiting all legal recourse if we end up suffering dangerous generic drug injuries.

At The Herrera Law Firm, Inc., we aggressively fight for the rights of our clients who have suffered dangerous drug injuries. If you or a loved one has been injured by a prescription drug, you need a reliable and tough personal injury lawyer in Texas. Call us at 1-800-455-1054 or complete our online contact form to schedule a free consultation.

Herrera Law Firm
111 Soledad St. , Suite 1900
San Antonio, TX 78205

Getting behind the wheel and driving may be a thrilling rite of passage for teenagers, but it can be frightening for their parents.

Many parents or caregivers fret over their children’s behavior behind the wheel: Are they texting while driving or talking on a cell phone? Did they drink alcoholic beverages at a party and try to drive home? While well-known distractions like cell phones and poor decisions like drunk driving are cause for alarm, an overlooked distraction is starting to get attention: Friends riding with teenage drivers.

At The Herrera Law Firm, Inc., we have seen first-hand the devastation caused by distracted driving. Whether it’s by a young driver or an older, experienced driver, distraction can lead to serious injuries and even death. Contact a San Antonio car accident lawyer to learn about your legal rights if you were injured or a loved one was killed due to distracted driving.

Studies reveal that teenagers who are driving with another teenage passenger have twice the risk of being involved in a fatal car accident than teenagers who drive alone. When three or more peers are riding as passengers in a car operated by a teen, the risk of a fatal crash goes up by four times. Studies by the Children’s Hospital of Philadelphia, and State Farm, examined the potentially deadly mix of multiple teenagers riding in a car.

The Children’s Hospital study, which included a survey of 198 teenage drivers, found that teens mostly likely to drive with multiple passengers were “thrill-seekers.” According to the study, these youngsters did not accurately understand the inherent risks of driving, and believe their parents were not monitoring their behavior. A researcher said these teens fortunately were in the minority, according to an article in Time magazine.

The State Farm study, which included a survey of 677 teenage drivers involved in serious car accidents, compared the likelihood of driver distraction and risk-taking just before the crash when teenagers were driving with additional passengers and when they were driving solo.

One conclusion of the study is that teens may not understand how distracting their passengers can be. It’s wise for parents to discuss with their teenagers the risks of driving with their friends.

A researcher told the Atlanta Journal Constitution that among teens who said they were distracted before the car wreck, 71 percent of males and 47 percent of females said they were distracted directly by the actions of their passengers.

If you were injured or you lost a loved one in a car accident due to the negligent behavior of another individual or entity, remember to contact a personal injury lawyer in San Antonio to see how we can help. Call 1-800-455-1054 or visit www.herreralaw.com.

The Herrera Law Firm, Inc.

Riverview Towers
111 Soledad St., Suite 1900
San Antonio, TX 78205

Many states have taken a tough stand against cell phone use while driving. Nationwide, 35 states ban texting while driving. In addition, nine states prohibit the use of hand-held phones. In Texas, school bus drivers cannot text or use a cell phone while driving under state law. Individual cities like El Paso also have laws restricting the use of cell phones while driving.

But that’s not enough, according to a federal agency responsible for investigating auto accidents. The National Transportation Safety Board recently recommended banning the use of cell phones while driving, including hands-free cell phone devices. The NTSB’s radical recommendation published on the front page of the New York Times and in many other newspapers was based on safety concerns. “It’s about not being engaged at the task at hand,” NTSB chairman Deborah Herman said. “Lives are being lost in the blink of an eye.”

What would you do if a you or a loved one was injured in an auto accident caused by a distracted driver in Texas? How would you pay your bills? What if your insurance company refused to cooperate? What if the other driver fled the scene of the accident? Auto accidents can be complicated. Knowing what to do can be confusing. Put your trust in a Texas texting auto accident attorney driven to succeed. Turn to The Herrera Law Firm. Serving clients throughout Texas, the hard-working San Antonio, Texas distracted driving attorneys at our firm have dedicated their careers to fighting for justice.

We understand how devastating an auto accident can be on a family. In an instant, you might sustain a serious, life-altering injury. You might not be able to work for weeks or months or ever longer. Worst of all, you may even lose a loved one forever. “You can’t take it back, you can’t have a do over, and you can’t rewind,” Herman said in defense of the NTSB’s support for a total cell phone ban while driving.

Put your trust in a Texas texting auto accident lawyer who puts people first. Contact The Herrera Law Firm. We’re on your side.