Most people prefer generic drugs when they're available at the pharmacy — and why wouldn't they? Generics are much cheaper than the brand-name options; and they're basically the same thing.
Generics are manufactured the same way as brand-name drugs. They're labeled the same way as brand-name drugs. They work the same way as brand-name drugs.
And when they go wrong, generics go wrong the exact same way as brand-name drugs.
But when someone is injured by a generic drug, they don't have the same options as someone who was injured by a brand name. According to a 2011 decision by the US Supreme Court, generic drug manufacturers have no control over their labeling, and so they shouldn't be held accountable when their labeling wrongly informs patients or leaves out important risks.
In a way, that makes sense: generic drugs are required to use the exact same labeling as the brand name version. So when they first market the drug, the brand name manufacturers set the standard for warning patients about risks. If they leave something out and it doesn't get caught, the generic brands are required by law to do the same.
As a result, many patients who have been injured by generic drugs in the last couple of years have not been able to find anyone to hold responsible. The brand name manufacturer didn't make the drug, and the generic drug maker didn't determine how it was labeled and marketed, so who could be to blame for these serious, devastating side effects?
Now the Alabama Supreme Court has said the brand name manufacturer could be liable. After all, they determined how the drug was marketed, and in turn that affected how it was prescribed and used with patients.
The recent decision has massive implications for people injured by a dangerous drug.
In the past, if you've suffered from a drug-related injury but were taking a generic drug instead of a brand name, you didn't have anywhere to turn. Now, the companies overseeing these drugs' development and implementation could be held responsible for the harm they cause.
Our dangerous drug lawyers in Kansas City help patients who've been injured by medication. We can look at your case and help you determine the best way forward — even if you were taking a generic drug.
Call us today at 816-842-7100 to speak with an attorney who will fight to get you the compensation you deserve. Or you can click here to email us to set up your free consultation.