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Court Says Pfizer May Be Liable For Side Effects Of Drug, Even Though Man Took Non-Pfizer Generic Version

from the slippery-slope dept

An interesting case in the Alabama Supreme Court has ruled that a man who developed a movement disorder (tardive dyskinesia) after taking a generic version of the drug Reglan can sue Pfizer, the maker of Reglan, even though it did not make the actual generic he had taken (he took generics from both Actavis and Teva, both of whom he's sued as well). This one is a tricky one on the question of secondary liability, thanks to the oddities of the pharmaceutical world. While, naturally, it sounds absurd that Pfizer can be sued for a drug it didn't make, the regulatory world makes it slightly more complicated -- in part because current law says that generic drug companies could not be sued over failures in labeling of risks, because they're basically copying the labels from the brand name manufacturer. Other courts have ruled that the brand name manufacturers can't be sued -- so in theory that could leave the takers of generics with no legal recourse if there were failures to accurately label the drugs they took. Given that, it seems slightly more reasonable to think the brand manufacturer may be more responsible for what's on the label -- but since they can't monitor quality control of the generic, the whole thing seems like quite the legal muddle all around.

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  1. icon
    Josh in CharlotteNC (profile), 7 Feb 2013 @ 6:51am

    Re: Re: Re: Just a quick search ... and harsh opinion.

    They were too trusting of their doctors in my opinion.

    When I find a doctor that I trust and is knowledgeable, I follow their advice. They're the ones that have been to medical school and trained to do their jobs. So while I'll ask some questions, I trust the professionals over what I can find on a quick Google search.

    While I don't do computer repair and general tech support any more, nothing would annoy me more than someone who had no idea what they were doing to ask me for help *and then not follow my advice or let me fix the problem*. When someone was paying me for my skills and advice, I don't expect them to go and do something else just because the internet told them to - so I treat the professionals I pay as I expect to be treated.

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