A recent United States Supreme Court ruling takes away the rights of generic drug users to sue drug manufacturers for failing to list adequate warning labels on their drugs. The name brand drug users retain the rights to sue in identical circumstances.
In a dissenting opinion, Judge Sonia Sotomayer wrote “”As a result of today’s decision, whether a consumer harmed by inadequate warnings can obtain relief turns solely on the happenstance of whether her pharmacist filled her prescription with a brand-name or generic drug. The court gets one thing right: This outcome ‘makes little sense.’ ”
I am pleased that Sotomayer points out the fact that this opinion is flawed. Yet, it is not “happenstance” in many cases, as to why a person receives a generic drug versus a brand name drug. For many people, a generic drug is the only financial option. Additionally, several drug plans require that a generic, if available, must be used instead of the brand name drug.
The state of our nation’s healthcare is definitely in crisis. And in taking away the legal incentive for generic drug makers to provide adequate warnings to it’s consumers, the United States Supreme Court has assured that our healthcare will continue in a scary and distressing direction.
In these economic times, the benefits of being rich are continually escalating. Still, I am surprised that now it is only those who can afford to spend the money on brand name drugs who will be covered from harm due to pharmacy company mislabeling.