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Supreme Court Case: Will Generic Drug Manufacturers Be Held Responsible for Safety of their Drugs?

What Happened

The U.S. Supreme Court will hear a case that will determine the amount of legal responsibility that generic drug manufacturers have for the safety of their drugs. The case that is coming before the court is Mutual Pharmaceutical v. Bartlett, in which the victim was blinded by the generic drug Sulindac. Her dangerous drug injury attorney will argue that the generic drug was unreasonably dangerous compared to similar drugs. Despite three lower courts favorable decisions which awarded the victim $21 million in damages for her injuries, the drug company, Mutual, argues it is only making a copy of the brand drug, and therefore it has no legal responsibility for its design or safety.

The Virginia Personal Injury Lawyers’Perspective

Considering that generic drugs account for eighty percent of all prescription drugs it is pretty scary that drug manufacturers feel they have no responsibility for its design or safety. As a Virginia (VA) personal injury attorney I feel that all drug manufacturers should be held responsible for the design and safety warnings of their drugs.

Two years ago the Supreme Court sided with drug maker Pilva when many patients were injured by their generic anti-nausea medication Reglan. The drug maker was not held liable for its failure to warn about a disabling or deadly adverse effect the companies knew or should have known about. The FDA already has regulations requiring identical labeling for originator and copycat drugs. Interpreting those requirements to include warnings about adverse effects makers of branded and unbranded medications should have known about seems a no-brainer. Hopefully this time the Supreme Court will make a decision to protect consumers against these drug companies.

Potentially Helpful Info

Attorneys with our Virginia personal injury law firm have helped many victims of dangerous and defective drugs recover damages from companies whose negligence or disregard for consumer safety led to injuries.

If you or a family member has been injured by a defective or dangerous drug, you can begin to learn about your legal rights and options by reading this article. The report, drafted by our experienced Virginia (VA) injury attorneys, provides examples of various kinds of dangerous drug lawsuits, common legal theories used in such cases and an explanation of how dangerous drug cases are investigated.

Have Questions? Check Out Our Firm’s FAQs.

If you’ve been injured due to a dangerous or defective drug, you likely have a lot of questions about how to move forward. Take a look at our firm’s library containing attorneys’ answers to frequently asked questions regarding defective or dangerous drugs.


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