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Peter J. Brodhead | Apr 21, 2015

Hold Generic Drug Manufacturers Responsible For Their Products

Categories: Defective Drugs and Medical Devices

Generic drugs make up 80% of all prescriptions filled in the United States. But in 2011 the U.S. Supreme Court ruled that generic drug makers are not responsible for updating their safety labels to warn of newly discovered risks and as a result cannot be held accountable in court if their drugs injure or kill Americans. The FDA is considering a plan to close this dangerous generic drug loophole.

Not surprisingly, the FDA’s proposed fix is under attack by the generic drug industry. The plan has already been delayed once, and it could be delayed again. While we applaud the FDA for its proposal to fix the generic drug safety loophole, we are concerned that the rule change will be delayed again – perhaps indefinitely.

Our law firm has represented many clients who have been injured by dangerous pharmaceuticals. Some prescriptions were filled with brand name drugs, others with generic equivalents. The medications are identical; every American deserves to be warned of safety risks whether they receive the brand name or the generic drug. The bottom line is that the generic drug loophole is putting people at unnecessary risk.

Please join us in telling the FDA that it should move forward in ensuring that all prescription medicines, including generic drugs, carry current and accurate safety warnings – because safety is an issue that cannot wait.

To send a letter to the FDA to make sure that your voice is heard on this important issue, go to