If you are injured because of prescription medication, you will have questions about who is liable. The courts will typically concern themselves with whether the manufacturer, distributor or physician should be held responsible.
When a generic prescription medication has injured you, the problem can become more complicated. This is why you must speak with a medical malpractice attorney if you suspect your injury was the result of negligence or a defective drug.
One legal theory that may apply to generic drugs is the “innovator liability” theory. The supreme court has ruled in several states that a plaintiff can sue a brand-name manufacturer, even if they are unable to show that the product harmed them or was made by that manufacturer.
The reason for this allowance is the theory that these companies occupy the brand, and their generic counterparts are still using their formulation to create their medication. Therefore, it is likely that the defective generic drug derived from that original formulation, and the company that created it, could be liable.
Some courts will take this theory even further and allow the plaintiff to sue a brand-name manufacturer for the defective work of a generic drug manufacturer.
Warning labels are required on all medications that have known side effects or results. One reason a brand name manufacturer may be sued for the product of a generic manufacturer is insufficient warnings. Federal law requires all generic drug manufacturers to use the same warnings as those attached to the brand name drug. But, it has been ruled that generic manufacturers do not control their warning labels; instead, they must use only what is provided by the brand name. So, if a generic drug had inadequate warning labels, the brand name manufacturer would be held responsible – not the generic manufacturer.
If you suffered an injury from a generic medication, do not assume that you cannot sue the manufacturer. While drug manufacturers do have certain levels of protection, they are not immune from product liability lawsuits; especially when their medications cause serious side effects or harm.
To explore your options, you will need to speak with a personal injury attorney. Because medical and drug laws are constantly changing, you must speak with a lawyer to explore your rights. You may also be able to seek recourse if you are injured by a product that didn’t warn you of risks associated with that medication.
Your attorney can also advise you as to who is legally liable for your injuries and help file a lawsuit to collect compensation.
Contact Berkowitz and Hanna LLC today to schedule a no-obligation case evaluation.