Generic drugs are chemically equivalent versions of brand name drugs that typically cost substantially less. In order to be approved by the U.S. Food and Drug Administration, a generic version of a drug must have the same active ingredient, dosage, safety, strength, usage directions, quality and intended use.
Federal law requires generic drugs to have the same labels as their brand name equivalents. If serious side-effects become known, the brand-name companies are responsible for changing the label, and the generic companies must follow their lead.
An estimated 75 percent of prescriptions are filled with generic drugs. While many are considered to be safe, some can be extremely dangerous or even fatal, just like their brand-name counterparts.
Makers of generic drugs usually can't be sued for not warning patients of the drugs’ dangerous side effects. In some cases the labeling laws have prevented health care providers from having access to the most current safety warnings for some drugs.
A 2011 U.S. Supreme Court determined generic drug manufacturers couldn't be sued in a dangerous drug claim. However, efforts are now underway to change the laws to give generic companies greater control over their labels— a rule change that could allow users of generic drugs to sue generic manufacturers for dangerous drug injuries.
If you're concerned your medication may have serious side-effects, ask your pharmacist and your doctor about potential risks.
If a drug has harmed you or a loved one, you may be able to receive compensation. Call us today at 816-842-7100 to speak with an attorney that will fight to get you the compensation you deserve. Or you can click here to email us and schedule your free consultation.