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New Presumption of Adequate Warnings in Texas Pharmaceutical Litigation

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In the July issue of the Texas Bar Journal, Baker Botts lawyers Travis Sales and Steven Mitby wrote about how as part of its 2003 tort reform legislative package, the Texas Legislature enacted Section 82.007 of the Texas Civil Practice and Remedies Code. Section 82.007 (a).

This new code, they wrote, establishes a “rebuttable presumption” of adequate warnings for pharmaceutical products that are accompanied by warnings or information approved by the U.S. Food and Drug Administration (FDA).

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