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Drug Manufacturers May Be Held Liable for Defective Generic Drugs

Aurora defective drugs attorney personal injuryModern medicine provides people with many treatments that can greatly improve their quality of life. There are drugs available on the market which provide people with important medical benefits for a wide variety of conditions. While we expect the drugs we use to be safe, this is unfortunately not always the case. Many drugs can cause serious harm to their users if they are used incorrectly, when they interact with other drugs, or when they result in unforeseen side effects.

When someone is injured after using a defective drug, they may be able to seek compensation from the drug manufacturers. A recent court ruling in Massachusetts may affect product liability cases involving generic drugs.

Liability for Generic Drugs

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Aurora personal injury attorneyEach year, pharmaceutical companies come up with a number of new ideas for drugs, or combinations of drugs that are intended to treat, cure, or manage certain conditions. Only a relative handful, however, ever receive full approval for use by the U.S. Food and Drug Administration. When a drug reaches the market, many patients automatically assume that the drug is completely safe; Otherwise the FDA would not have approved it. The reality is that all pharmaceuticals and drugs are known to have some possible dangers and side effects, and it is up to each manufacturer to be sure that doctors and patients know all of the risks involved.

The Dangers of Depakote

Early last month, a federal jury in East St. Louis, Illinois ruled that AbbVie, the makers of Depakote, must pay $15 million in damages to a 10-year-old California boy. The boy was born with a spina bifida after her mother chose to take the drug to help in her battle against mental illness. Depakote is intended to treat the manic phase of bipolar disorder, as well seizure disorders like epilepsy. The boy’s mother claimed that she was never made aware of the birth-defect risks associated with Depakote, mostly because officials at the manufacturer downplayed the dangers. According to the boy’s lawyer, the drugmaker knew that Depakote is “one of the most toxic drugs to a human baby.”

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