If you have ever been prescribed medication(s) from your doctor, you are probably familiar with the fact that you can fill your prescription(s) with generic drugs. Generic drugs contain the same active ingredients as the brand name equivalent (for example, the generic version of Adderall is amphetamine salt) but is sold at a much lower cost. Approximately 8 out of 10 prescriptions filled in the United States are generic drugs. However, you may not be aware that the manufacturers of generic drugs do not need to follow the same labeling requirements as the manufacturers of brand name medications and how this impacts any potential legal claims you may have.
Following a 2011 United States Supreme Court decision, federal law preempts state law regarding the labeling requirements for generic drugs. This means that manufactures of generic medicines need not follow Colorado labeling laws that may be more stringent than federal ones. Under federal requirements, the labeling for generic drugs must only match the labeling of its brand name equivalent.
Now, the FDA is preparing to institute changes that would allow the manufacturers of generic medications to unilaterally change the labeling of their drugs to include updated safety information. This means that generic labels will not need to identically match the labeling of brand name equivalents. This could have strong legal implications if you were injured by a generic drug and decide to sue the drug's manufacturer. If the manufacturer knew of any negative side effects or dangers associated with the medication and failed to warn of these hazards on their labels, you may be able to succeed in your case on a theory of the manufacturer's failure to warn. The manufacturer will likely not be able to claim the protection of federal law preemption that only required generic labels to match brand name ones.
If you have suffered significant side effects or injury caused by taking a generic drug, or a loved one has died from taking the medication, you should consult with a knowledgeable personal injury attorney – like those at the Law Office of Jeremy Rosenthal. Our skilled lawyers have years of experience representing victims injured by dangerous or defective products, and we are here to fight for your rights. We are not scared of taking-on billion dollar corporations to get you the compensation you need and deserve to recover from your injuries.
Call us today for a free consultation at (303) 647-4511, or visit us online.