Product Liability with Generic Drugs
Generic drugs are the same as the brand name, right? Unfortunately, the answer is, “most of the time.” If you switched to a generic drug but found you were having new side-effects, then you are likely having a problem with the inactive ingredients. If you had a strong reaction to the generic drug, a reaction that caused medical problems, then you should speak to a personal injury attorney.
Inactive ingredients aren’t always harmless. The excipients that drug companies use to carry medications can cause strong reactions in a limited number of patients. When switching to a generic or store-brand drug, some people will have allergic reactions to the new, “equal” medication. If that allergic reaction puts you in the emergency room, then you have a product liability case to discuss with a lawyer.
When drug companies go through a FDA approval for a generic or store brand drug, they don’t have to submit the drug with the inactive ingredients for approval. The drug companies only have to prove that the actual drug is the same as the prescription or name brand drug. Those slight variations can cause significant problems for a limited number of people.
In addition to any product liability issues, you will also need a lawyer to help you navigate the liability associated with insurance companies forcing you to take a generic drug that is causing undue side effects. You might need to use the product liability case notes from an unbiased doctor to prove to your insurance company (and pharmacist) that the generic is harmful to you.
You know your body best. When you feel different taking the generic medication, don’t ignore the signs by your body. Stand strong and insist that the generic drug is causing problems; and if the problems persist, contact a personal injury attorney to stand by your side.
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