Ephedra Ruling Opens Doors
In a ruling by a federal district court, it was decided that the Texas Supreme Court’s heightened standard of proof in asbestos cases may not apply to some pharmaceuticals, in this case the dietary supplement drug ephedra. This refers to the case Borg-Warner v. Flores in which the Texas Supreme Court ruled that a plaintiff must present proof showing the amount of particles that the plaintiff was exposed to from each asbestos producer since sickness caused by asbestos exposure can occur several decades after the fact. However, ephedra’s effect occurs within hours and is very short lived. In this case, the court found that there was enough evidence given the nature of this drug (even without going by Borg-Warner) to say that ephedra had caused the plaintiff’s stroke.
This is a good sign for future cases against drug companies. Now that the courts have denied a drug company’s ability to hide behind the unusually high proof standard, the doors have opened back up for the victims of defective drugs. Trial lawyers like those at the law office of Cappolino Dodd Krebs LLP are dedicated to helping victims of corporate negligence get the justice they deserve. If you or a loved one has suffered side effects of a dangerous drug, call the attorneys at Cappolino Dodd Krebs LLP today, at 1-800-460-0606.