When using generic medication and accidental mishaps occur, we often don’t think of who is truly liable.
This past year, the Alabama Supreme Court sustained a controversial decision that brand name drug makers can be held responsible if people are harmed by a generic medicine made by an opposing company.
Currently, the Alabama legislature has passed a bill that virtually, reverses the ruling and Robert Bentley, the Governor of Alabama has implied plans to sign the bill into law.
The case is well remembered, because it’s one on a very short list of scenarios in which a court ruled that brand name drug developers could be issued a law suit, even though a consumer had used the generic version. A lot of commotion was stirred up on a national level about the decision, in reference to liability, starting from the product labeling for generic medicines.
This problem has expanded and has continued to happen. Generic drug makers have sated even if they receive reports of new side effects they can not change the labels until brand name drug developers have done so already.
Though this means generic drug developers can not be held responsible for any issues with labeling the product yet, some people who use the generic meds point fingers at brand name drug makers because all generic labeling must be replicated from brand name medication.