Should Generic Drug Manufacturers Be Allowed to Escape Liability?

By Paul da Costa on January 13, 2015

As consumers trying to save money, when it comes to filling prescriptions, we frequently receive and use the generic brand of many common drugs. In fact, the vast majority of consumers do not have the choice between brand and generic drugs. Rather, consumers are given no choice by their health insurance companies and are forced to receive generic drugs. What we don’t realize is that at the present time, generic drug manufacturers have something equivalent to complete immunity from personal injury suits should consumers be injured by ingesting a generic drug. The same is not true if the consumer is injured while consuming the brand version of the same drug.

News channels in Ohio, for example, have recently reported on the dangers that could arise from the lack of warning labels on generic drugs and efforts to change the current system. In Ohio, one mother is fighting to change the current laws after losing her daughter to a heart complication caused by a generic pain medication being used to treat a torn knee ligament. She recently brought a petition to Congress asking the legislature to pass laws to hold generic drug manufacturers liable, as are brand name drug manufacturers, and require warnings by all manufacturers. Nevertheless, there has yet to be any substantial change in the matter.

If a generic drug has injured you or a loved one when the manufacturer failed to include a warning of potential risk, you may be entitled to compensation. Call the experienced attorneys at Snyder & Sarno, LLC to discuss your personal injury case and your legal options. We can be reached at (973) 274-5200.