Is Your Medicine Cabinet Safe?

Guest Post by Baron & Budd Shareholder and American Association of Justice President Burton Leblanc

I wrote a letter to the editor that was published in the Wall Street Journal on September 11, 2013 (you can find it online here: “Manufacturers Should Bear Responsibility“). In the letter, I emphasized one of the most serious –and, in many cases, frequently overlooked –issues facing public health today: the lack of accountability for manufacturers of generic drugs.

My letter said: “We agree with you that the FDA should create new regulations allowing generic drug manufacturers to independently update their warning labels ("Innovator Liability, Take Two," Review & Outlook, Sept. 5). As you mention, this would fix the current accountability imbalance between brand and generic manufacturers and restore access to justice for patients injured by generic drugs”.

The fact is that over 80 percent of prescriptions in America are filled with generic drugs. The people who buy these drugs do so in good faith, assuming both that the drugs are safe and that they are covered by the same legal protections as brand name drugs. But that is often not the case.

The manufacturers of generic drugs cannot be held accountable in court the same way brand name manufacturers can.

Say you or your child suffers a serious health problem while taking a generic drug, shouldn’t you be able to access the courts to seek justice for that harm, just like a patients who took the brand name drug?

Accountability through the civil justice system is one of the key means our country has to protect people and ensure that corporations do not trade in safety for profit. When the bulk of the drugs we take are not fully protected by the civil justice system, not only are patients left in the dark and unable to seek compensation justice for their injuries, but future patients are also put at risk.

This is a problem that deserves immediate action.

If you agree with me and want to keep your medicine cabinets safe, join the campaign to Take Justice Back online here.

If you have been injured by a generic drug please contact us at

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