Recent U.S. Supreme Court decisions allow generic drug manufacturers to escape justice for the personal injuries and deaths they cause. They can sell dangerous products, earn huge profits and avoid responsibility for harm. That is completely unjust. No company should be able to market dangerous products with no accountability for injuries. Yet, our law now provides generic drug manufacturers this special protection.
Our law has become completely arbitrary. It closes the doors of justice to some injured consumers but not others. What do I mean? A generic drug is the same as its brand name equivalent. Yet, a patient injured by a defective brand name drug has access to the courts while a patient injured by the generic version does not. That’s arbitrary.
An editorial in The Journal of the American Medical Association (JAMA) questions this unfairness. The author, a doctor with Harvard Medical School, states the following: