A recent ruling by the U.S. Supreme Court prohibits makers of generic drugs from being sued by patients who experience negative side effects, despite the severity of their injuries.
In overturning a $21 million judgment against Mutual Pharmaceutical, Supreme Court held that generic drug makers cannot be held liable for adverse side effects as long as the warning labels are identical to the drug’s brand-name counterpart.
The U.S. Food and Drug Administration estimates that about three-quarters of prescriptions are for generic drugs, which are cheaper than their brand-name equivalents. Millions of Americans do not have the option to take brand-name drugs since insurance companies dictate what doctors prescribe.
It can sometimes take years after the drugs become available for their side effects to surface, and if the brand-name equivalent is no longer on the market, these generic drug makers do not have to update their labels. Read the full details here:
Generic drug companies safe from liability suits, Supreme Court rules
The FDA needs to recognize that generic drug manufacturers have the same obligation as brand-name companies to be held accountable if they do not provide doctors and patients with updated safety information.
If you or anyone in your family has suffered serious side effects or damages from a medication error you should seek legal investigation immediately. Crandall & Pera Law is available to help answer your questions and guide you in determining your next steps.