Liability Risk and Insurance
AAJ criticises Supreme Court over generic drug industry immunity
The American Association for Justice has said that the US Supreme Court recently “gave pharmaceutical companies another gift,
largely shielding the generic industry from lawsuits for the design of their drugs.” This follows the second Supreme Court
decision giving the generic drug industry immunity. In 2011, the Court decided generic makers cannot be held responsible for
failing to warn about a drug’s side-effects, saying the generic maker is only making a ‘copy’ of the brand drug and must follow
the brand drug’s label.