Based on a recent ruling issued by the U.S. Supreme Court, generic drug companies are not responsible for insufficient warnings to patients regarding the potential dangerous side effects associated with the use of their products, provided that their packaging labels are identical to those of the brand name medications they duplicate.
The high court’s favorable ruling towards the makers of generic drugs is highly likely to have a fallout effect on pending and future lawsuits, such as cases involving the generic versions of the anti-acne drug, Accutane. Generic Accutane was introduced in 2002, following the end of Hoffman-LaRoche’s original patent on the drug. Generic drug companies have continued to manufacture and market identical versions of the medication, despite the fact production and sales of the original Accutane brand was discontinued by Roche back in 2009.
The Supreme Court’s ruling was made on the basis that the makers of generic drugs are caught in the middle of conflicting state and federal regulations. Despite the fact that the manufactures of generic medications are not required to properly warn patients about the risks associated with using their products, an experienced Accutane lawyer has the ability to properly advise plaintiffs as to whether or not they are eligible for damages.