Generic Drugs and (a lack of) Justice

No Justice for victims of Generic drugs

IF YOU ARE HURT BY A GENERIC DRUG, YOU CANNOT SUE.  YOU HAVE NO RECOURSE WHATSOEVER.

What a sad state of affairs.

More information about this travesty can be found in the post, “HURT BY A GENERIC DRUG? VICTIMS HAVE NO RECOURSE UNLESS THE FDA CHANGES RULES” on Hormones Matter.

The FDA can change a rule and enable people who are hurt by generic drugs to gain the same level of recourse as those who are hurt by name-brand drugs.  I hope that the FDA does the right thing.

 

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6 thoughts on “Generic Drugs and (a lack of) Justice

  1. Jen April 13, 2015 at 1:14 pm Reply

    What can be done for patients hurt by name brand drugs, namely Cipro?

  2. Rene April 13, 2015 at 1:34 pm Reply

    I pray this wrong will be fully reversed. Amen.

  3. Linda Livingston April 13, 2015 at 5:18 pm Reply

    I have not researched this thoroughly–I just am too physically damaged at this point and don’t have the energy. And since I am a paralegal, I cannot advise. I will just copy and post and you can make your own conclusions. (I have cut and paste from the site you see at the end.) A Federal Court and a State Supreme Court has recently ruled that Plaintiffs who take a dangerous generic drug can sue the original drug maker, even though the Plaintiff took the generic version that was manufactured by a different company. A bed rock of tort law is that a Defendant can only be sued for something it does or in this case, a drug it manufactures. However, these two courts have turned this principle on its head by allowing lawsuits to continue against companies over drugs it did not manufacture. So to add insult to injury, the original drug company can now be sued over generic drugs manufactured by the very same drug company who copied their innovation. However, there is some logic to these rulings. The original drug companies have control over the design of the drug and the warnings as well. The generic company just copies the design and warnings. So even though a Plaintiff takes a generic drug, it is really just an exact copy of the original; so essentially, the generic drug is manufactured by the original company. (Alabama)

    http://www.searcymasstort.com/blog/2014/08/25/brand-name-drug-maker-can-liable-injuries-generic-version/

    • Heather April 15, 2015 at 6:09 am Reply

      Well when I tried to get on the redlaw lawsuit a couple years ago they wouldn’t take any generic cases. If anyone hears any different please let us know

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