AAJ: Generic Drug Immunity Disastrous for Patient Safety
Washington, DC—If the U.S. Supreme Court grants the generic drug industry immunity for failing to warn of their drugs’ possible side-effects, patients will face a much greater risk in suffering injuries, according to the American Association for Justice (AAJ) as the Court is set to hear arguments in Pliva v. Mensing on Wednesday. A result in favor of the drug industry could eliminate any incentive for generic manufacturers to ensure their drug is safe and adequately warns consumers of potential dangers.
“Granting complete immunity to generic drug manufacturers for would be a disaster for patient safety,” said AAJ President Gibson Vance. “Knowledge is power, and consumers need adequate warning labels to make informed decisions about their healthcare.”
In 2009, the Supreme Court ruled brand name drug manufacturers bear the ultimate responsibility to maintain their warning labels; a decision for the generic drug manufacturers in Pliva v. Mensing would mean brand name and generic drugs are held to different safety and legal standards. Over 70 percent of all prescriptions are filled with generic drugs, accounting for nearly 2.6 billion prescriptions every year.
Louis Bograd from the Center for Constitutional Litigation (CCL) is arguing before the Court on behalf of Gladys Mensing and Julie Demahy in Pliva v. Mensing. CCL has also filed amicus briefs in Wal-Mart v. Dukes and CSX Transportation v. McBride on behalf of AAJ: