Incompatibility Warning: Generic Drugs and Legal Remedies
84% of the prescription drugs we take are the less expensive, generic alternatives. While that can be an extremely cost-effective measure for most Americans, it does have its disadvantages. More than 80% of the active ingredients in these generic alternatives come from overseas — and the quality of the inspection processes of overseas plants is inferior to those performed in American manufacturing facilities. For example, one foreign pharmaceutical manufacturer, who is currently selling $1 billion dollars’ worth of drugs in the United States, pleaded guilty a few years ago to selling adulterated drugs. Not only is the safety of generics in question, but it is becoming increasingly challenging to bring a law suit if a generic drug has harmed you. A Riverside County personal injury lawyer experienced in products liability can competently assess your claim.
Failure to warn: strict products liability vs. negligence
Even a pharmaceutical that is perfectly designed and meticulously produced can pose risks to the user. If warnings of hidden dangers are not provided, the consumer will not be able to determine whether they can safely take the drug — the failure to warn, in and of itself, rendering the drug defective. The failure to warn must be a substantial factor in the cause of the plaintiff’s injury, and:
- To make a case of negligence for failure to warn, a plaintiff must prove the manufacturer did not provide a warning for reasons that fell below the industry’s acceptable level of care.
- To make a case of strict liability for failure to warn, the plaintiff must prove the manufacturer failed to warn about dangers that were known to the scientific community when it manufactured the product.
Who can you sue?
Because generic drug manufacturers are obligated to duplicate the ingredients of their brand name counterpart, it may be very difficult to sue the manufacturer of the generic drug you took. However, you may be able to make a successful negligence claim against the brand name maker of the drug. In California, the First District Court of Appeals held that the brand name drug manufacturer had a duty to those who took the generic version of their drug because it is foreseeable that a doctor would rely on the brand name manufacturers’ statements about their drug in prescribing the generic version. If you’ve suffered the consequences of taking an improperly labeled drug, Riverside County accident attorneys can help you with your claim.
The lawyers at Schlecht, Shevlin & Shoenberger, A Law Corporation will use their legal and scientific knowledge to guide your products liability claim toward a favorable outcome. Note that it is important to preserve all physical evidence and information relevant to your claim, including information about where and when you purchased the product, and with whom you consulted before taking the product. Our attorneys and investigators use this information to evaluate your claim and help you pursue just compensation for your injuries.