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CAN FEDERAL DRUG REGULATIONS PREVENT INJURED CONSUMERS FROM FILING CLAIMS AGAINST GENERIC DRUG MANUFACTURERS?

Imagine following all directions when using a generic prescription medication and suffering severe burns and near blindness triggered by a hypersensitivity to the drug. How would it feel when your New York products liability attorneys inform you that you cannot pursue compensation for your injuries simply because federal regulations apply different standards to generic drugs than to branded drugs? Although New York has its own product liability laws, federal regulations can supersede them in cases like this one.

This is the case the U.S. Supreme Court will decide early in 2013 after a U.S. Circuit Court of Appeals sided with an injured patient, deciding federal law did not have a bearing on her claims and thus retaining a $21 million judgment against the manufacturer, according to The Wall Street Journal. However, the underlying issue pertains to federal requirements that generic drugs must match the design and labeling of their branded counterparts. This requirement makes it impossible for generic pharmaceutical manufacturers to make changes, even if those changes could improve safety for patients, which is why the manufacturer sought to retain the protections provided by a 2011 divided Supreme Court decision.

Does this mean patients have no recourse when they suffer injuries or illnesses from generic drugs? Although the Supreme Court has yet to decide this new case, individuals injured bydangerous pharmaceuticals should not give up without first seeking the advice of an experienced New York personal injury lawyer. Clearly one or more parties have liability for the injuries sustained by taking prescription medications. After hearing the details behind a claim, the job of the attorney involves seeking justice from all negligent parties.

After thoroughly assessing your claim, the legal team at Rubin & Licatesi, P.C. can identify all available legal options and present the advantages and disadvantages of each option so you can make an educated decision on how to progress with a claim.

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