What are the Differences Between Generic and Brand Name Drug Injury Claims?

October 3, 2013

When a person is seriously harmed by a medication they are prescribed by a doctor, they may have a right to file a claim for both punitive and compensatory damages. The Philadelphia Drug Injury Lawyers with Lundy Law explain that right can be greatly affected by what type of medication the victim took.

An article in the ABA Journal explains that several decisions issued by the U.S. Supreme Court have set a precedent that allows for manufacturers of brand name drugs to be held accountable for harm to patients, but makers of generic medications to not be. The argument is that brand name drug makers must have any warning labels for their products approved by the U.S. Food and Drug Administration (FDA). By law though, makers of generic drugs are only required to show similarity to a medication that is already FDA-approved and carry the same warning label as that medication. This creates accountability for brand name manufacturers and admonishes generic makers from liability.

While the court has conceded the irrationality of the rulings, the justices have stated that it is Congress’s responsibility to change the laws in a manner to where they read that each company is responsible for the safety of the products they release for consumption.

Lundy Law’s team of Philadelphia Personal Injury Lawyers recognizes how confusing the laws surrounding drug injury cases can be. The firm is here to help anyone who has been harmed by a drug a doctor gave them.