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In 5-4 Ruling, Justices Say Generic Makers Are Not Liable for Design of Drugs

The Supreme Court ruled on Monday that generic drug manufacturers could not be sued by patients who claim that drugs they took were defectively designed. The decision overturned the verdict of a New Hampshire jury in 2010 when a woman was awarded $21 million for developing an extreme skin disease after taking a generic version of the pain medication Sulindac. The ruling found that generic drug makers could not be held liable for failing to put warning labels regarding the drug’s dangers because they must use the same safety label as the brand-name version. 80% of all prescriptions are for generic drugs. Visit our page on dangerous drugs to learn more about how we can help you receive the compensation you deserve. Generic drug manufactures must now copy the safety label of the brand-name company and alert the FDA of any adverse events related to their product. It is then up to the FDA to decide whether or not to change the label. Sandy Walsh, a spokeswoman for the FDA, said the agency was considering permitting generic companies to change warning labels, but said it would be too early to discuss specifics. Generic drug manufacturers have argued that this change could create a chaotic situation, in the sense that the same generic drug could possibly have a different warning label than another manufacturer. They state that it could potentially be harmful to the public health. If you or a loved one have experienced severe complications or suffered from a serious disease as a result of taking a drug, contact us immediately and fill out our free case evaluation form. Read the full article here: NYTimes: Justice Rules Generic Makers Not Liable for Drugs Design