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Generic Medications Still Not Equal to Brands under the Law

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While analysts says that seven of every 10 prescriptions are filled with generic medications, and the FDA says generics are the same as brand name meds. However,  in the eyes of the law, the two are very different, and can leave consumers who use generic versions without legal recourse when things go wrong.

The family of Texas resident Christian Welsh learned about these differences first hand when Christian developed a very sensitive rash all over his body after using the generic version of Bactrim. While doctors initially suspected that Christian was suffering from the potentially lethal Stevens – Johnson Syndrome, he actually was suffering an allergic response to the drug.

When Christian’s father Greg contacted the manufacturer of the drug because he was upset about the allergic reaction, the company emailed a response saying that a recent Supreme Court ruling gave generic drug manufacturers more protection from failure to warn lawsuits than afforded brand name drug manufacturers. “I was just shocked by that,” Greg said. The company told Greg that the ruling “bars the type of lawsuit” the Welsh’s were considering, and the company was “not in a position to offer any compensation,” to help the family with the thousands of dollars in medical bills they incurred from Christian’s allergic reaction.

“I just don’t think there’s any other product in America that I can think of that is exempt from any kind of product liability,” Greg said. From now on, the family said, they will pay for their own medications out of pocket, and will make sure they receive only brand name drugs, so that the law will protect them should the medicine cause problems. disclaimer: This article: Generic Medications Still Not Equal to Brands under the Law was posted on Monday, July 30th, 2012 at 7:46 pm at and is filed under Defective Drug Lawsuits.

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