New Legal Developments Affect Accutane IBD Patients
Kelly Simon | April 13th, 2012
Since the Supreme Court decision in Pliva v. Mensing in June of 2011, individuals suffering from grievous side effects caused by drugs like generic Accutane have been unable to pursue claims against generic drug manufacturers. In Pliva, the Court ruled that generic manufacturers of name-brand drugs could not be held responsible for deficiencies found in the warning labels placed on these drugs. Because generic drugs are required to carry the same labeling as their name-brand counterparts, the Court reasoned, generic drug manufacturers were not liable for any side effects consumers suffered as a result of failure to warn of these effects.
Accutane IBD victims have pursued legal recourse for their injuries
Although the Pliva decision dealt specifically with generic Reglan, it encompasses all generic forms of generic drugs, including generic Accutane. The active ingredient in this popular acne treatment has been found to cause Accutane inflammatory bowel disease such as ulcerative colitis and Accutane Crohns disease. Crohns is particularly debilitating, and can lead to required surgical removal of parts of the bowels and an increased risk of cancer. Victims of Accutane IBD have received settlements from the drug’s manufacturer, Hoffman-LaRoche, in the millions of dollars, the largest of these settlements to date amounting to $25 million.
Generic Accutane, which contains the same active ingredients as name-brand Accutane, causes similar side effects. However, the Pliva decision inhibits generic Accutane users with negative side effects from seeking compensation from drug makers.
Proposed Senate Bill would grant generic Accutane IBD sufferers equal rights to compensation
Perhaps in response to the Pliva decision, Senator Patrick Leahy recently announced he will introduce new legislation to Congress that would place greater responsibility for failure to warn of side effects on generic drug makers. In his announcement last month, Senator Leahy indicated that the Bill would likely be introduced before the end of the year. The Bill would effectively grant generic Accutane side effect sufferers the same rights and privileges to pursue justice for their injuries that name-brand Accutane users already enjoy. The Bill would also further clarify the somewhat murky stance of American law with regard to generic pharmaceuticals.
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