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Can I recover damages if I was hurt by a generic drug?

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Compensation is possible for injuries caused by generic drugs

The law concerning your recovery for pharmaceutical injuries is more complicated when you are suing for a generic drug then when you are suing for injuries caused by a name-brand medication.

Currently, federal law requires that manufacturers of generic drugs identify their products with labels that meet the same standards as the comparable brand-name drug.

In June 2013, the United States Supreme Court held that this law prevents a person who was injured by a generic drug from recovering damages pursuant to a state design-defect law. In other words, generic drug manufacturers must follow federal laws with regard to labeling—even if their product is unreasonably dangerous because the label fails to provide adequate warnings to users about risks or side effects of the medication.

How Is That Fair?

There are many people who believe that preventing generic drug manufacturers from changing warning labels (along with the protection they get from potential lawsuits) is unfair. In November 2013, the FDA proposed a new rule that would allow generic drug manufacturers to update their warning labels when they have new safety information about their medications. If adopted, the rule could put generic drug makers at increased risk of facing failure to warn lawsuits and pharmaceutical class action lawsuits for harm done to patients. Not surprisingly, many generic drug makers are opposed to the rule. As of November 2016, a final rule has not been issued.

If You’ve Been Hurt, Then You Need to Know More About Your Rights

If you have been injured by a generic drug, then it is important to know your rights and to know what you can do to protect your possible recovery. In some cases you may be able to join with other patients who have been injured by the drug that you were taking and you may be able to recover damages. You can learn more about how a pharmaceutical class action case works and about your own rights by browsing our website or by starting an online chat with us today to find out more information.

Jason F. Abraham
Managing Partner, Hupy and Abraham