State of Texas and State of Florida on blue background

NEWS

Texas + Florida Reopen the Mifepristone Fight

December 1, 2025

On December 9, 2025, Texas and Florida filed a new federal lawsuit in the Northern District of Texas aimed at rolling back FDA actions that have kept mifepristone on the market and expanded access over time. The complaint targets the FDA’s original approval and later changes, including policies that widened distribution and enabled mailing of the medication.

For medical professional liability, the immediate “so what” isn’t whether the plaintiffs ultimately win. It’s that this filing keeps reproductive care squarely in a litigation-and-regulation cycle where the rules of engagement can shift faster than clinic operations and physician protocols. When that happens, claim narratives tend to blur clinical decision-making with compliance arguments, especially around documentation, informed consent, follow-up pathways, and how care is delivered across locations and settings.

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This is also a reminder that telehealth, mail-based workflows, and multi-state practice patterns remain high-frequency stress points in the legal environment, even when the medicine is familiar. When a lawsuit frames FDA actions as unlawful and points to state “sovereign interests” in enforcement, the downstream risk conversation for insureds can shift from pure medical standard-of-care to a hybrid of clinical + administrative process + jurisdiction. That’s the exact mix that can make otherwise routine cases harder to defend, harder to settle cleanly, and more expensive to manage under claims-made programs.

From a placement perspective, agents should expect underwriters to keep pressing for clarity about who is doing what, where, and under what governing rules, particularly for groups that touch reproductive counseling, emergency medicine, OB/GYN, primary care, and any model where physicians are advising patients who may reside in different states. This doesn’t automatically equal non-renewal or exclusions, but it often does mean sharper underwriting questions, tighter risk controls, and less patience for “informal” workflows that don’t stand up well when a file is reconstructed for defense.