In a letter to the editor of the Wall Street Journal (9/11, Subscription Publication), American Association for Justice President Burton LeBlanc writes, “We agree with you that the FDA should create new regulations allowing generic drug manufacturers to independently update their warning labels (‘Innovator Liability, Take Two,’ Review & Outlook, Sept. 5). As you mention, this would fix the current accountability imbalance between brand and generic manufacturers and restore access to justice for patients injured by generic drugs.”
As also noted by LeBlanc, more than 80 percent of prescription drugs dispensed in America are generics and therefore, if “manufacturers cannot be held accountable when their drugs harm and kill patients, safety is at risk.”
We agree with LeBlanc as we have seen firsthand, how individuals hurt or killed by generic drugs have been denied access to justice, simply because they took a generic versus a brand name drug. However, as noted by LeBlanc, “We are encouraged that the FDA has sent a proposed rule to the Office of Management and Budget and hope the Journal continues to highlight the importance and urgency of these new regulations.”
If you have been injured by a defective medical drug or device, contact our pharmaceutical drug and device lawyers by calling toll-free 888-841-9623.