Posted on: February 26, 2011
A recent U.S. Supreme Court decision may allow loopholes in laws, allowing generic drug companies to allow inadequate warning labels, according to news reports.
The Pilva v. Mensing case “eliminates any incentive for generic manufacturers to ensure their drug is safe and adequately warn consumers of their drugs’ potential dangers,” according to news reports.
This decision also means that brand-name manufacturers will be held to a different yet safer standard. The Supreme Court decided in Wyeth v. Levine, brand-name manufacturers are responsible for their warning labels and required to update them at all times.
Today, 70 percent of all prescription drugs are filled with generic versions, accounting for about 2.6 billion prescriptions every year. Additionally, the generic drug industry continues to expand – nine of the industry’s 10 biggest blockbuster drugs are going off-patent within in the next few years.
As a Charleston personal injury lawyer , I hope companies can ensure safe prescription drugs to eliminate harmful side effects. Drug side effects could include minor reactions like nausea to more serious issues including death. I will follow this case to learn more about patient safety.
If you or a loved one has been injured by a faulty product, contact a personal injury lawyer in Charleston.