Generic and Name Brand Drugs Not Being Held to Same Standard

Generic and Name Brand Drugs Not Being Held to Same Standard

Strong-Garner-Bauer P.C.’s own Grant Rahmeyer was featured on a recent news story regarding generic and name brand prescription drugs not being held to the same standards.

Should generic drug makers be held to the same standard as name brand drug makers? According to the Supreme Court the answer is no. That decision–made more than a year ago–is trickling down to lawsuits all over the country.

“Right now about 75-80% of all drugs are generic drugs,” said lawyer Grant Rahmeyer. Generic drugs have become popular over the years. It is partially due to the Hatch-Waxman Act at the federal level back in the 1980’s.

“Prescription drug costs were just skyrocketing out of control. They did everything they could to push more generic drugs out into the market. It’s been extremely successful,” said Rahmeyer.

Many lawsuits are now being dismissed across the country dealing with generic drug makers.

“Generic drugs are getting easier approval by proving that they are identical. If they are identical why don’t we hold them to the identical legal standard that the name brand equivalents have to go through?” asked Rahmeyer.

The Supreme Court ruling says makers of generic drugs cannot be sued for not warning people of any dangerous side effects. The generic drug makers are protected as long as their labels follow the brand-name counterpart.