Understanding Texas’s Approach to Defective Medical Devices
At first glance, the laws covering defective medical devices in Texas may appear similar to those in many other states. After all, a faulty device causing harm should be actionable regardless of jurisdiction. But when you look closer at the legal framework under the Texas Civil Practice and Remedies Code (especially Chapter 82, Texas Civil Practice and Remedies Code), some unique features emerge that can meaningfully impact how a claim is pursued in Texas versus elsewhere.
In Texas, a “products liability action” — including those involving medical devices — may proceed under several legal theories: strict liability, negligence, breach of warranty (express or implied), misrepresentation, or any combination of these. This flexibility is common across many states, but Texas has particular procedural and statutory features that litigants need to understand.
What Makes Texas Different? Key Legal Features
Statutes of Limitations and Repose
In Texas, you generally have two years from the date of injury (or from the date you discovered, or should have discovered, the injury) to file a defective‑device lawsuit. But there’s another important deadline: a statute of repose — usually 15 years from the date the product was first sold or placed in service — beyond which manufacturers (and in many cases, sellers) may be shielded from liability, even if the injury manifests later.
That dual‑deadline structure (a shorter limitations period plus a more extended repose period) can present a trap: even if harm appears long after implantation or use, a claim may be barred if the repose period has elapsed — regardless of when the injury was discovered.
Strict Liability — Often Without Proving Negligence
Under Texas law, injured parties may rely on strict products liability, meaning they do not necessarily need to show that the manufacturer was negligent. Instead, it is sufficient to prove that the device was defective (in design, manufacture, or marketing/labeling) and that the defect caused the injury during anticipated or reasonably foreseeable use.
This is advantageous in many medical-device cases, because the complexity of device development — including design, manufacturing, and warnings — can make negligence harder to establish. Strict liability lowers that burden and aligns with how many states handle defective‑device claims.
Who Can Be Held Liable — Beyond Just Manufacturers
In Texas, liability typically falls on the manufacturer of the device. Under Section 82.002, manufacturers are liable in products liability actions and have a duty to indemnify sellers under certain conditions.
Sellers or distributors who did not manufacture the device are often protected from liability — unless they had a significant role beyond simply selling, such as modifying the product, offering inadequate warnings, or representing that the product was safe despite known risks.
This emphasis on manufacturers is common, but the clear statutory carve‑outs for sellers/distributors may differ in scope across states — meaning claimants need careful legal analysis.
Regulatory Compliance as a Potential Defense
Because many medical devices are subject to federal regulation, including approval and labeling standards under the U.S. Food and Drug Administration (FDA), device makers sometimes argue that compliance with these standards constitutes a defense. Under Chapter 82, if a product’s design or labeling complied with applicable government standards at the time of manufacture, that creates a rebuttable presumption against liability.
That does not automatically shield a manufacturer — plaintiffs may challenge whether the compliance was sufficient, whether the regulatory standards addressed the particular hazard, or whether the manufacturer failed to disclose known risks. However, the defense is more likely to arise in heavily regulated products, such as medical devices, which can make litigation more complex than for ordinary consumer goods.
Are Defective Medical Device Cases Treated “Differently”? — Yes, But with Nuance
Overall, Texas does treat defective medical device claims under the same broad framework as other defective products — but certain statutory features and procedural realities underscore how such cases can play out differently here than in other states:
- The dual statute of limitations and statute of repose create a tighter window for filing compared to jurisdictions without a long‑term repose deadline.
- Strict liability remains available, which helps plaintiffs avoid proving negligence.
- The law emphasizes manufacturer liability, often insulating distributors and retailers unless they have a more active role in the distribution process.
- Regulatory compliance offers manufacturers a potentially stronger defense than in less regulated product categories, which may tilt the balance in favor of defendants more readily than in other types of product‑liability claims.
These distinctions matter practically: if a medical device caused injury after many years, or if the manufacturer followed all regulatory requirements, the path to recovery can be narrower in Texas than in some other states.
What This Means for You — and Why You Should Act Quickly
If you or a loved one has been injured by a medical device — whether implanted, used in treatment, or simply relied on for medical care — time matters. Due to Texas’s limitations and statute of repose periods, it is vital to act promptly to preserve your rights.
Even more, establishing liability in medical‑device cases often requires rigorous proof of defect, causation, and sometimes expert testimony — which takes time to assemble.
Nationwide Product Liability Claims
If you believe a defective medical device has injured you or your loved one, the team at Bullock Legal Group is here to help. We understand the nuances of Texas law and can evaluate whether you have a valid claim, guide you through the process, and fight on your behalf to hold manufacturers accountable.
Don’t wait — contact us today at (888) 507-4198 for a free consultation and let Bullock Legal Group help you explore your legal options.
