Those harmed by taking generic drugs in California or Massachusetts may qualify to file a lawsuit against the brand name drug manufacturer and pursue financial compensation with the help of our experienced generic drug lawyers.
Innovator liability laws in California and Massachusetts allow those harmed by generic drugs to file lawsuits against brand-name manufacturers when their labeling is misleading or inadequate.
Generic Drug Lawsuits: Key Takeaways
- California and Massachusetts courts have held that brand-name manufacturers owe a duty to generic drug users.
- You do not need to have taken the brand-name version of a drug to file an innovator liability claim.
- In addition, generic drug manufacturers can be sued over manufacturing defects or mislabeling unique to their packaging.
- California’s statute of limitations gives plaintiffs two years from the date they discover they were injured by a drug to file a generic drug lawsuit against a brand-name manufacturer.
While most states don’t recognize innovator liability lawsuits, California and Massachusetts do.
The 2011 Supreme Court ruling in PLIVA, Inc. v. Mensing made it difficult to sue generic drug companies, since generic pharmaceutical companies are not allowed to change their warning labels even when new risks become known.
Innovator liability is the answer to this recognized in California and Massachusetts. It allows those injured by generic over-the-counter or prescription drugs to sue the brand-name manufacturer whose label the generic drug manufacturer was required to copy.
California and Massachusetts recognize this doctrine at the Supreme Court level.
Call our experienced dangerous drug lawyers today for a FREE consultation at (800) 718-4658 or contact us if you or a loved one was harmed or killed by a generic drug in California or Massachusetts. We can help you recover financial compensation for medical expenses, lost wages, loss of earning capacity, pain, suffering, wrongful death and more, and we will charge you no legal fee until we win your case.
Why Generic Drug Injury Victims Trust Our Firm
- While too many dangerous drug law firms accept as many cases as they can without considering if they have the staff to handle them all, our responsive legal team is fully staffed in order to assist clients injured by generic drugs with 24/7 availability, frequent case updates and reliable communication.
- Our generic drug lawyers have been trusted since 1990 to represent clients injured by dangerous drugs and defective medical devices.
- We provide free consultations to generic drug victims, and we will charge you no legal fee until we win since our only fee is a percentage of any compensation we recover for you.
- Our high-stakes litigation team has the extensive experience, deep understanding of large pharmaceutical cases and the comprehensive resources to take on pharmaceutical giants and win.
- Many dangerous drug law firms are willing to settle cheaply for a quick buck. Not us. Our trial-ready representation is ready to fight for you in court if settlement negotiations fail.
- We and our legal teams have recovered over $750 million for victims of dangerous drugs and other injury victims.
Past results do not guarantee future outcomes. All cases are unique and results depend on cases’ specific facts.
Call us today for a FREE consultation at (800) 718-4658.
Table of Contents
- What Is Innovator Liability?
- Who Can File a Generic Drug Lawsuit?
- Innovator Liability Law Explained: Key Cases in California and Massachusetts
- What Must Be Proven in an Innovator Liability Case?
- What Compensation Can You Recover?
- Can I Sue a Generic Drug Company?
- How Long Do You Have to File a Generic Drug Lawsuit?
- Contact Our Generic Drug Attorneys Today
What Is Innovator Liability?
Innovator liability is a legal doctrine allowing patients harmed by generic drugs to sue brand-name manufacturers whose warning labels generic drug manufacturers were required to copy.
Generic drug makers must use the exact same warning label as the brand-name drug under federal law. This rule is known as the “duty of sameness.”
The brand-name company, not the generic drug maker, can be held responsible in California or Massachusetts if a warning label was inadequate and caused harm.
This doctrine exists because brand-name manufacturers control the warning label that governs all versions of the drug. This includes generic drugs they don’t produce.
Most states don’t recognize this theory, but California and Massachusetts do.
Who Can File a Generic Drug Lawsuit?
You may qualify to file a generic drug lawsuit under the doctrine of innovator liability if:
- You or a loved one took a generic drug and suffered serious harm, including injury, disability or death.
- A physician prescribed the generic drug relying on the brand-name manufacturer’s labeling or warnings.
- You used or were prescribed the drug in California or Massachusetts.
- The brand-name manufacturer’s label failed to adequately warn about a known or reasonably knowable risk.
- Your injuries are consistent with side effects the brand-name company knew or should have known about.
You do not need to have taken the brand-name version of the drug to qualify for a claim.
In addition, you may qualify to file a generic drug lawsuit if you or a loved one was injured or killed by a generic drug because:
- The manufacturer failed to follow FDA regulations or produced a product which was tainted or improperly manufactured.
- The generic manufacturer labeled the wrong drug or provided incorrect information which was unique to their packaging.
Innovator Liability Law Explained: Key Cases in California and Massachusetts
The following key cases make California and Massachusetts the two strongest jurisdictions in the country for generic drug injury victims:
T.H. v. Novartis (2017)
The California Supreme Court, in December 2017, issued a landmark ruling affirming that brand-name drug manufacturers owe a duty of care to users of generic versions of their drugs.
The case involved twins whose mother took terbutaline, a generic version of Novartis’ brand-name drug Brethine, during pregnancy.
The court held the duty applies even when the brand-name company no longer manufactures or sells the drug. This makes California’s standard broader than any other state.
The court reasoned it was foreseeable that doctors would rely on the brand-name label when prescribing a generic equivalent.
Conte v. Wyeth (2008)
California’s innovator liability doctrine traces back to Conte v. Wyeth, a 2008 appellate court decision that first recognized the theory under California law.
The court held that brand-name manufacturers can face liability for misrepresentations in their labeling that foreseeably caused harm to generic drug consumers.
Every California court that has directly addressed the issue since Conte has followed its reasoning.
Rafferty v. Merck (Massachusetts, 2018)
The Massachusetts Supreme Judicial Court, in March 2018, recognized innovator liability in Rafferty v. Merck, making it the second state high court to do so.
The court held that brand-name manufacturers owe a duty to generic drug consumers not to act in reckless disregard of an unreasonable risk of death or grave bodily injury.
Massachusetts applies a recklessness standard rather than a negligence standard. This means claims require evidence the company knowingly disregarded a serious known risk.
What Must Be Proven in an Innovator Liability Case?
California innovator liability claims are built on the theory of negligent misrepresentation rather than traditional product liability theories.
It must be proven that the brand-name manufacturer controlled the warning label at the time of injury. This means federal law required the generic drug maker to copy the label verbatim.
It must be proven that the label failed to disclose a risk that was known or reasonably discoverable based on available scientific and medical evidence.
Internal company documents, clinical trial data and adverse event reports are often key evidence when proving that labels are inadequate.
It must be proven that the prescribing physician relied on the brand-name labeling when prescribing the generic drug.
It must be proven that a stronger warning would have changed how the drug was prescribed or used, and that the injury was directly tied to the risk the company failed to disclose.
What Compensation Can You Recover?
Compensation in generic drug claims depends on the severity of injuries and the strength of the evidence.
Settlement values can range from tens of thousands of dollars in moderate injury cases to several million dollars in wrongful death or permanent disability claims.
Our firm can help you recover compensation for:
Medical Bills
We can help you recover financial compensation for all medical expenses related to an injury caused by a generic drug.
This includes compensation for the costs of things like hospital stays, ER visits, surgeries, medications, doctor visits, medical treatments, medical testing, rehabilitation, physical therapy and more.
Lost Wages
Our legal counsel can help you recover compensation for any wages you’re unable to earn due to being injured by a generic drug.
This includes wages you’re unable to earn because you’re too sick to work or because you have to take time off from work to attend medical appointments.
Pain and Suffering
We can help you recover compensation for any physical pain, mental suffering, emotional distress and lost quality of life resulting from an injury caused by a generic drug.
Wrongful Death
If a generic drug killed your loved one, our experienced wrongful death lawyers can help you recover compensation for:
- Burial and funeral costs
- The medical expenses your loved one incurred before passing
- The pain and suffering your loved one endured before passing
- The loss of your loved one’s income, household services, love, companionship and spousal benefits
Punitive Damages
We may be able to recover punitive damages on your behalf if it can be shown that a company knowingly concealed a known risk.
Can I Sue a Generic Drug Company?
You can sue generic drug companies if you are harmed by their drugs due to manufacturing defects or mislabeling unique to their packaging.
However, aside from this, it is typically very difficult to sue a generic drug company for injuries.
Generic manufacturers are typically protected from failure to warn lawsuits since they must use the same warning labels that brand-name drugs do, thanks to the “Pliva v. Mensing” precedent.
Product liability and personal injury law applies to those harmed by generic medications.
However, those harmed by these medications can sometimes recover financial compensation not by suing generic drug manufacturers but by suing brand name drug manufacturers instead.
Lawyers who handle innovator liability cases can help you sue a brand name drug manufacturer if you have been injured by a generic drug.
How Long Do You Have to File a Generic Drug Lawsuit?
California’s statute of limitations for dangerous drug claims is typically two years from the date you discovered, or reasonably should have discovered, that you were harmed by a drug.
Contact an attorney as soon as possible to ensure evidence is preserved and to preserve your right to file before the deadline passes.
Contact Our Generic Drug Attorneys Today
Call us today for a FREE consultation at (800) 718-4658 or contact us if you or a loved one was harmed or killed by a generic drug in California or Massachusetts.
We have significant experience handling these cases and will charge you no legal fee until we win your case.
Call us today.
