Alabama Supreme Court: Brand-Name Pharmaceutical Manufacturer Can Be Sued for Injury Caused by Generic Product
From the article:
The Court held that it was therefore not “fundamentally unfair” for brand-name manufacturers to be held liable for fraud or misrepresentation claims even where a plaintiff only ingested the generic. To prevail on such a claim, however, plaintiff must still show that plaintiff’s prescribing physician reasonably relied upon the alleged fraud or misrepresentation.
If a company decided to limit it’s long term liability… could the Pharma that holds the NDA ( New Drug Application) “pull” the application? Why would a brand name Pharma maintain a NDA, when it no longer produces the brand name product, if it no longer produces the product but according to this court ruling could be held liable for any/all problems as long as any company continues to produce and sell the generic version?
If a NDA is pulled/revoke.. then the company producing the generic is based on a ANDA ( Amended New Drug Application).. would they have to cease producing/sales of the generic product?
If these issues are possible, could a good chuck of the generic market products … disappear from pharmacy shelves ?
Filed under: General Problems
Leave a Reply