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Liability in defective generic drug cases is complicated

On Behalf of | Mar 30, 2018 | defective drugs, Firm News |

Generic drugs can save residents of Tennessee thousands of dollars or more each year. They are manufactured to the precise specifications of their brand name counterparts. This means that they are exactly like the brand name prescription drugs that cost so much more.

Generic pharmaceuticals must also contain precisely the same labels that brand name drugs contain. In fact, only brand name drug manufacturers can alter the warning labels on generic drugs. Because of this labeling requirement, generic drug manufacturers are typically exempt from lawsuits involving defective drugs.

For those injured by defective drugs, this exemption makes it nearly impossible for victims to pursue a legal remedy. However, a recent judicial court ruling in the state of Massachusetts may turn the tide for victims of drug injury. The ruling allowed a victim to sue a brand name pharmaceutical company over injuries he suffered from a generic version of the drug.

The court based its ruling on the pharmaceutical company’s failure to update the warning label on the medication’s generic counterpart. The victim in this case suffered side effects including sexual dysfunction after taking a generic version of the company’s medication for treating an enlarged prostate.

As attorneys representing victims of defective drugs, we believe this ruling will encourage people to remain hopeful about finding a legal solution to their injuries. There are still many obstacles to overcome regarding liability for generic drug injuries, but the future is looking brighter than ever.

If you have questions or concerns about defective drugs, we invite you to visit our firm’s website. We offer resources that can answer many of your questions and help guide you toward a successful resolution.