Did you know your ability to sue could depend on which version of the drug you took? This is one of the most frustrating realities for victims of drug injuries.
If you’re facing the aftermath of a drug-related injury in Colorado, Jeffress Law, PC is here for you. With decades of advocacy experience, our team fights to hold the right parties accountable.
Brand-Name vs. Generic Drugs
Brand-name drugs are developed by companies that hold the original patent. Once that patent expires, other companies can produce generic versions that must be chemically equivalent. However, they’re not always legally treated the same.
Key distinctions:
- Brand-name drugs are tested and marketed under a new drug application (NDA).
- Generic drugs are approved through an abbreviated new drug application (ANDA), relying on the brand-name drug’s data for safety and effectiveness.
Can You Sue a Brand-Name Drug Manufacturer?
Yes, you can. If a brand-name drug causes harm due to defective design, manufacturing errors, or inadequate warnings, the manufacturer can generally be held responsible under product liability laws. These cases often focus on whether the company knew (or should have known) about the risks.
Can You Sue a Generic Drug Manufacturer?
Here’s where it gets complicated. A 2011 Supreme Court decision (PLIVA, Inc. v. Mensing) ruled that generic manufacturers aren’t responsible for warning label changes because they must copy the brand-name’s label exactly. This makes it difficult to file a lawsuit against a generic drug company for failure to warn, even if the label is unsafe.
You may still have legal options in the following situations:
- The generic drug was improperly manufactured.
- The pharmacist or doctor made a prescribing error.
- A brand-name company is responsible for the original labeling.
Get the Legal Support You Deserve
Determining liability in drug injury cases is tough. That’s why working with experienced attorneys – like the team at Jeffress Law, PC – can make all the difference. We handle drug injury claims on a contingency-fee basis and fight for every aspect of your recovery.
Contact us today by calling 303-993-8685 or text 303-225-9101. We serve clients in the Boulder, Fort Collins, Longmont, and Loveland areas.
