New York, NY (PRWEB) February 16, 2013 The U.S. Food & Drug Administration (FDA) is considering a rule change that could pave the the way for individuals allegedly injured by generic versions of popular medications, including Fosamax, to pursue generic drugs lawsuits against their manufacturers, Bernstein Liebhard LLP reports. The agency recently confirmed to Reuters that it is considering a regulatory change that would allow generic manufacturers, like brand-name manufacturers, to change their labeling in appropriate circumstances. The proposed change could eliminate pre-emption of failure-to-warn claims against generic-drug manufacturers.* Generic drugs pose the same risks as their name-brand counterparts. Yet, under the current state of the law, individuals allegedly injured by generic medications are denied legal recourse, says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. Generic Drug Lawsuits Under existing FDA regulations, generic drugs are required to carry the same label warnings as their name-brand counterparts. However, generic drug manufacturers are currently barred from altering their labels on their own. In 2011, the U.S. Supreme Court ruled in Pliva vs. Mensing that generic manufacturers could not be sued for failing to warn patients about their drugs risks, since they have no … Continue reading
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