menu

Scales of Justice

Reputation for Excellence

Dangerous Consequences of Generic Drugs

Request Consultation / 856-317-6558
categories
Rating Methodology

Dangerous Consequences of Generic Drugs

Are you one of the many people who think generic prescription drugs are just the same as name brands—only cheaper? Most people believe this, so much so that 8 out of 10 prescriptions are filled with generic versions of drugs, according to the FDA (the US Food and Drug Administration). One big problem is that your generic prescription may not really be bioequivalent to its brand name counterpart. Another problem is that labeling on generics may not be correct or up-to-date.

The labeling problem with generic drugs

It turns out that, due to FDA regulations, generic drug makers are not permitted to make changes in drug labeling. Until now, only brand name manufacturers could update this important safety information.

Often, even after drugs are on the market for many years, new risks and side effects are discovered. New information may show that the drugs are ineffective or worse, may actually be harmful to patients. If you take a generic, however, you may not find out this new information–and you might continue taking a dangerous medication.

Right now, patients harmed by generics may have little recourse. The Supreme Court ruled (in 2011) that, while brand name manufacturers may be held responsible for proper labeling of drug risks and side effects, generic drug makers are not responsible.

Help is on the horizon

The Patient Safety and Generic Labeling Improvement Act is now working its way through Congress. This act could fix the current inconsistency in the way generic and brand name manufacturers are held accountable for the safety of their drugs. This act could also give generic drug manufacturers an incentive to disclose all side effects to the public and keep drug labeling updated. If the act passes, consumers and patients–harmed by undisclosed side effects of generic drugs–will soon have the same protections as those who opted for the brand name medication.

The equivalency problem with generic drugs

In some cases, a generic equivalent drug may be ineffective or harmful to your health because it is, in fact,not identical or medically equivalent to the brand name. This was discovered recently when a generic version of brand name antidepressant Wellbutrin was pulled from the market,

It seems that the FDA’s criteria for an identical generic is rather broad. The concentration of a generic drug’s active ingredient could vary by nearly 50 percent among different manufacturers, as recently noted by CNN’s Fortune. In addition, the generic manufacturer is allowed to use different, and perhaps lower quality, inactive ingredients. In the Wellbutrin generic Budeprion XL (by Teva), differences in the generic drug’s “recipe” turned out to be a big problem. Complaints about the generic began to mount in 2008–and the FDA pulled its approval in 2013.

Consumers must be vigilant

As illustrated here, the FDA can’t be depended upon to act quickly or monitor the industry in detail. Some rules for the pharmaceutical industry are lax and contradictory and they have not inspected many overseas drug-manufacturing plants making US generic drugs. The Patient Safety Act should help. If you’ve been harmed by a brand name or generic medication, contact us for an evaluation of your case.

standing around table

Sharon Smith

Mike Berger and staff were professional, pleasant, strategic and knowledgeable. The office always kept me informed about my case and moved the case along quicker than I expected. I would highly recommend them to anyone !!

Kathryn N.

Thank you from the bottom of my heart. Reliable, honest, driven, knowledgeable, compassionate, and highly respected among colleagues and medical professionals [...] fought for me during times when I wasn’t strong enough to fight for myself. The Andres, Berger & Tran law firm understands Complex Regional Pain Syndrome (CRPS) [...] thank you for your support and guidance over the years.

Mike V.

Mike Berger of Andres, Berger & Tran handled my case over a six year period. He and the team examined every detail to get the best outcome. They were honest, candid and communicative throughout the whole process. It was a long ordeal but could not have been handled more professionally. I highly recommend.

Yadira R.

I just want to say thank you for what you have done for me and my family throughout the years. You made us feel like family, not just clients. You were always very detailed when it came to our cases and tried everything in your power to get us all the help we needed.

Gregory W.

Our family appreciated your unfailing attention to detail. There were last minute snags, we seldom worried that something would fall through the cracks, but you anticipated every contingency. Your firm demonstrated a veracity for the truth, a strong work ethic and overall impeccable character in dealing with our case.

01 / 05

Results may vary depending on your particular facts and legal circumstances.

case results

View All Case Results

$10million

Settlement/

Gas Explosion

$9.5million

Settlement/

Baby Brain Injury

$9.25million

Settlement/

Anesthesia Malpractice

$7.8million

Settlement/

Anesthesia Malpractice

$7.4million

Settlement/

Complex Regional Pain Syndrome

$7million

Settlement/

Anesthesia Malpractice

Areas We Serve

  • Burlington County
  • Bass River
  • Beverly
  • Bordentown City
  • Bordentown Township
  • Burlington City
  • Burlington Township
  • Chesterfield
  • Cinnaminson
  • Delanco
  • Delran
  • Eastampton
  • Edgewater Park
  • Evesham
  • Fieldsboro
  • Florence
  • Hainesport
  • Lumberton
  • Mansfield
  • Maple Shade
  • Medford Lakes
  • Medford Township
  • Moorestown
  • Mount Holly
  • Mount Laurel
  • New Hanover
  • North Hanover
  • Palmyra
  • Pemberton Borough
  • Pemberton Township
  • Riverside
  • Riverton
  • Shamong
  • Southampton
  • Springfield
  • Tabernacle
  • Washington Township
  • Camden County
  • Ashland
  • Audubon
  • Audubon Park
  • Barclay CDP
  • Barrington
  • Bellmawr
  • Berlin
  • Blackwood
  • Brookfield
  • Brooklawn
  • Camden
  • Cherry Hill
  • Chesilhurst
  • Clementon
  • Collingswood
  • Echelon
  • Ellisburg
  • Gibbsboro
  • Glendora
  • Gloucester City
  • Golden Triangle
  • Greentree
  • Haddon Heights
  • Haddonfield
  • Hi-Nella
  • Kingston Estates
  • Laurel Springs
  • Lawnside
  • Lindenwold
  • Magnolia
  • Merchantville
  • Oaklyn
  • Pine Hill
  • Pine Valley
  • Runnemede
  • Somerdale
  • Springdale
  • Stratford
  • Tavistock
  • Wood-Lynne
  • Cape May County
  • Avalon
  • Cape May Point
  • Cape May
  • Dennis Township
  • Lower Township
  • Middle Township
  • North Wildwood
  • Ocean City
  • Sea Isle City
  • Stone Harbor
  • Upper Township
  • West Cape May
  • West Wildwood
  • Wildwood Crest
  • Wildwood
  • Woodbine
  • Cumberland County
  • Bridgeton
  • Cedarville
  • Fairton
  • Laurel Lake
  • Millville
  • Port Norris
  • Rosenhayn
  • Seabrook Farms
  • Shiloh
  • Vineland
  • Gloucester County
  • Beckett
  • Clayton
  • Gibbstown
  • Glassboro
  • Mullica Hill
  • National Park
  • Newfield
  • Oak Valley
  • Paulsboro
  • Pitman
  • Richwood
  • Swedesboro
  • Turnersville
  • Victory Lakes
  • Wenonah
  • Westville
  • Williamstown
  • Woodbury
  • Woodbury Heights
  • Mercer County
  • Groveville
  • Hamilton Square
  • Hightstown
  • Hopewell
  • Lawrenceville
  • Mercerville
  • Pennington
  • Princeton
  • Princeton Junction
  • Robbinsville
  • Trenton
  • Twin Rivers
  • White Horse
  • Yardville
  • Ocean County
  • Barnegat
  • Barnegat Light
  • Bay Head
  • Beach Haven
  • Beach Haven West
  • Beachwood
  • Cedar Glen Lakes
  • Cedar Glen West
  • Crestwood Village
  • Dover Beaches North
  • Dover Beaches South
  • Forked River
  • Harvey Cedars
  • Holiday City South CDP
  • Holiday City-Berkeley CDP
  • Holiday Heights
  • Island Heights
  • Lakehurst
  • Lakewood
  • Lavallette
  • Leisure Knoll
  • Leisure Village
  • Leisure Village East
  • Leisure Village West
  • Manahawkin
  • Mantoloking
  • Mystic Island
  • New Egypt
  • North Beach Haven
  • Ocean Acres
  • Ocean Gate
  • Pine Beach
  • Pine Lake Park
  • Pine Ridge at Crestwood
  • Point Pleasant Beach
  • Point Pleasant
  • Seaside Heights
  • Seaside Park
  • Ship Bottom
  • Silver Ridge
  • South Toms River
  • Surf City
  • Toms River
  • Tuckerton
  • Vista Center
  • Waretown
  • Salem County
  • Alloway
  • Carneys Point
  • Elmer
  • Hancocks Bridge
  • Olivet
  • Pedricktown
  • Penns Grove
  • Pennsville
  • Quinton
  • Salem
  • Woodstown
  • Philadelphia
  • Bella Vista
  • Callowhill
  • Chinatown
  • East Passyunk
  • Fairmount
  • Fishtown
  • Graduate Hospital
  • Logan Square
  • Market East
  • Midtown Village
  • Northern Liberties
  • Old City
  • Pennsport
  • Powelton Village
  • Queen Village
  • Rittenhouse Square
  • Society Hill
  • Spring Garden
  • Spruce Hill and Cedar Park
  • University City
  • Washington Square West
  • Bucks County
  • Bristol
  • Brittany Farms - The Highlands CDP
  • Chalfont
  • Churchville
  • Cornwells Heights
  • Croydon
  • Doylestown
  • Dublin
  • Eddington
  • Fairless Hills
  • Feasterville
  • Hulmeville
  • Ivyland
  • Langhorne
  • Langhorne Manor
  • Levittown
  • Milford Square
  • Morrisville
  • New Britain
  • New Hope
  • Newtown
  • Newtown Grant
  • Penndel
  • Perkasie
  • Plumsteadville
  • Quakertown
  • Richboro
  • Richlandtown
  • Riegelsville
  • Sellersville
  • Silverdale
  • Spinnerstown
  • Trevose
  • Trumbauersville
  • Tullytown
  • Village Shires
  • Warminster Heights
  • Woodbourne
  • Woodside
  • Yardley
  • Montgomery County
  • Ambler
  • Arcadia University CDP
  • Ardmore
  • Audubon
  • Blue Bell
  • Bridgeport
  • Bryn Athyn
  • Bryn Mawr
  • Collegeville
  • Conshohocken
  • Eagleville
  • East Greenville
  • Evansburg
  • Flourtown
  • Fort Washington
  • Gilbertsville
  • Glenside
  • Green Lane
  • Halfway House
  • Harleysville
  • Hatboro
  • Hatfield
  • Haverford College CDP
  • Horsham
  • Jenkintown
  • King of Prussia
  • Kulpsville
  • Lansdale
  • Maple Glen
  • Montgomeryville
  • Narberth
  • Norristown
  • North Wales
  • Oreland
  • Penn Wynne
  • Pennsburg
  • Plymouth Meeting
  • Pottsgrove
  • Pottstown
  • Red Hill
  • Rockledge
  • Royersford
  • Sanatoga
  • Schwenksville
  • Skippack
  • Souderton
  • Spring House
  • Spring Mount
  • Stowe
  • Telford
  • Trappe
  • Trooper
  • West Conshohocken
  • Willow Grove
  • Woxall
  • Wyncote
  • Wyndmoor
Firm Award
Firm Award
Firm Award
Firm Award
Firm Award
Firm Award
Firm Award
Firm Award
Firm Award
Firm Award
View Rating Methodology

No aspect of this advertisement has been approved by the Supreme Court of New Jersey