Lawmaker Introduces Bill for Generic Drugs

The safety of consumers taking generic drugs may be threatened by a recent Supreme Court decision, and Sen. Patrick Leahy (D-VT) will not stand for it.

Leahy will introduce legislation in an attempt to reverse the decision - Pilva v. Mensing - that allows generic drug manufacturers to use the same label as a brand name version, even if the company knows that the warning on the label is inadequate.

“The [Pilva v. Mensing] decision creates a troubling inconsistency in the law with respect to prescription drugs” said Leahy in his press release. “If a consumer takes the brand-name version of drug, she can sue the manufacturer for inadequate warnings. If the pharmacy happens to give her the generic version, she will not be compensated for her injuries.”

The senator adds that this system currently penalizes consumers who take generic drugs especially because they often have little control over which medications they take. This is because their health insurance and state law require them to take generic drugs if they are available on the market.

The legislation being crafted by Leahy would allow generic drug makers to improve the warning information for their products in the same manner as name brand drug manufacturers.

Leahy is not the only person who is against the court’s decision in Pilva v. Mensing. A number of public interest groups have opposed the decision and are urging Congress and the Food and Drug Administration to address the issue.

If you or a loved one has been harmed by a dangerous drug, contact Sokolove Law for a free legal consultation and to find out if a dangerous drug lawyer may be able to help you.

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