Did you know that if you suffer a serious reaction to a drug, you can't sue the generic drug manufacturer? It's true. In a 5 to 4 decision, in an opinion written by Judge Clarence Thomas, the United States Supreme Court ruled that suits against generic drug manufacturers, for injuries that could be litigated against the brand-name manufacturers, are pre-empted by the Hatch-Waxman Act of 1984 that encouraged the manufacture of generic drugs to save consumers money and forcing them to use the same warning labels as the brand-name manufacturers. The Court stated that this immunized the generic manufacturers for failure to warn of potential drug reactions. Since most medical insurance carriers require the use of generic medications, rather than brand-name drugs, a large percentage of the population is denied legal redress. 80% of prescriptions are generic. You can read the complete opinion by clicking on the following link:
To read a detailed article about this controversy in the San Diego Union-Tribune, click the link below:
For an absolutely heartbreaking story about how a life was ruined by this opinion, see the link below:
Bottom line, insist on brand-name drugs whenever possible. Don't let this happen to you.
Gordon A. Glenn, Esq.
April 4, 2012
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