There could be new legal changes in the works concerning generic medications, protecting the safety and rights of millions of Americans taking the cheaper versions of hundreds of these drugs everyday. If the suggested FDA changes occur, victims of defective medication side effects in Illinois will have grounds to take legal action against generic drug makers.
Like most of us, many of you may comb through pharmacy shelves, debating between the expensive name brand and the cheaper, generic forms of the drugs we depend on. You may ask yourselves, “Is this one really just as good as the other?” or “Why is this one so much cheaper if they are actually the same thing?”Then, usually our pocketbooks win out, and we go with the less expensive version.
Presently, about 8 in 10 prescriptions filled in the U.S. are for generic versions of these drugs. Even though the FDA regulations require the generic drugs to have the same active ingredients, and quality of performance as their name brand counterparts, the rival drugs do not actually fall under the same legal responsibilities in regards to liability.
As the law currently states, if a patient suffers catastrophic injuries from defective medications, he or she may only take legal action against the name brand manufacturer, provided the name brand version was the drug that caused the ill side effects. This, however, does not apply to generic brands. Why?
- Name brand drugs are the original formulations of these specific chemical compounds. Generic versions are made under those specifications.
- Generic drugs must carry the same warning labels as their name brand counterparts.
- Essentially, the law states that the name brand manufacturers or creators are responsible for ensuring patient safety, because they are the ones that actually developed the drugs.
However, after years of legal battles, and countless side effects that left victims with catastrophic injuries and lifelong scars, the FDA is now examining the unfair consequences of these laws.
If the proposed medication regulation changes are implemented, generic drug companies will be responsible for making their own specific warning labels for their medications, opening up the door for these companies to be held accountable if defective medications cause devastating injuries to patients.
If you’ve been injured by defective medications, it’s important to speak with an experienced Chicago defective product attorney about your legal rights. Those responsible for your medical complications should be held responsible for their negligent actions, and it looks like there may be more hope yet for victims in the world of defective generic medication injuries. Call Lane & Lane today at 312-332-1400 to get more information and speak with a skilled Chicago personal injury attorney.