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Christopher ShakibAs we have reported in previous articles, the U.S. Supreme Court’s 2011 ruling in Pliva v. Mensing left patients taking generic drugs with virtually no remedies when they are harmed or killed by defec­tively designed generic drugs.  The irony of the ruling was that in 2008 the Supreme Court ruled in Wyeth v. Levine that patients harmed or killed by defec­tively designed name brand drugs could sue manufac­turers for damages.  Given that 8 in 10 prescrip­tions filled in the U.S. are for generic drugs, Pliva v. Mensing left most patients harmed or killed by defec­tively designed drugs without a remedy.

Cost Savings for Generics?

The appeal of generic drugs has always been that they are supposed to be signif­i­cantly less expensive than name brand drugs; the expec­tation has been that the wider use of generics will help bring down the otherwise skyrock­eting costs of healthcare.  The supposed cost savings of generics has been what the generic industry has claimed justifies leaving the victims of dangerous generic drugs without legal rights.

defective-generic-bRecently, the cost savings of generics has been called into question.  After a lengthy probe of the generic drug industry for price-collusion, last week federal prose­cutors sent out subpoenas to several generics manufac­turers and their execu­tives; more subpoenas are expected to follow, and it has been reported that the first charges are expected to be brought before the end of the year.  The question at hand: have generics manufac­turers gotten together to make the prices of generic drugs artifi­cially higher than they should be.

Terrell Hogan will continue to report recalls and warnings about dangerous products as the infor­mation becomes available.

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