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Castle Law Office

Q
Can Generic Drug Makers Be Sued Just Like Brand Name Drug Companies?

A

While brand name drug manufacturers can be sued for failing to provide adequate warnings about a drug’s risks, a 2011 ruling by the U.S. Supreme Court (Pilva v. Mensing) bars lawsuits against generic drug manufacturers.

While state statutes require drug manufacturers to warn about dangerous side effects, federal regulations require generic drugs to carry the exact same label information as the drugs they imitate.

The Supreme Court decision found that because generic drug manufacturers don't have control over what their labels say, they can't be sued for failing to alert patients about the risks of taking their drugs.

Since the decision by the Supreme Court, dozens of lawsuits against generic pharmaceutical companies have been dismissed. As a result, the decision to take a generic or brand-name drug has become the deciding factor in whether a patient can seek legal recourse from a drug company.

However, some people are fighting against recent laws in order to give generic companies more control over the way they label drugs, which could make it possible for people injured by generic drugs to sue for their losses.

If you suspect a dangerous generic drug was responsible for a serious health problem you should consult an attorney. 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. 

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