Proposed Senate Bill Gives Hope to Accutane IBD Victims
Kelly Simon | April 12th, 2012
In a victory for Accutane attorneys and their clients nationwide, United States Senator Patrick Leahy has announced that he will introduce a new Bill to Congress placing greater liability on generic drug manufacturers for negative side effects caused by their product. This Bill would allow patients suffering from generic Accutane side effects to pursue the same recourse as those injured by brand-name Accutane.
Senator Leahy’s announcement was likely precipitated in part by a Supreme Court decision in June 2011, which found that generic manufacturers of Reglan could not be held legally responsible for failing to or otherwise improperly informing consumers about potential side effects. Pliva v. Mensing determined that because generic drug s were legally required to carry identical warning labels to their brand-name precursors, responsibility for any failings in these warnings lay solely with the original brand-name drug manufacturer.
Previous law made it difficult for generic Accutane IBD sufferers to pursue justice
Pliva had important implications for all patients being treated with generic versions of brand-name drugs. Accutane, a widely-prescribed drug to control acne, has been shown to cause serious inflammatory bowel conditions such as Crohns disease and ulcerative colitis. Crohns disease resulting from Accutane may force patients to undergo surgery and expose them to a risk of cancer.
Accutane lawyers have thus far been able to secure hefty settlements for Accutane side effect sufferers. Settlement amounts shave crept up into the millions of dollars, as those who have developed inflammatory bowel disease resulting from Accutane increasingly pursue cases. However, after the Pliva decision, generic Accutane users have been excluded from seeking the same justice and monetary compensation from generic Accutane manufacturers.
Leahy’s Bill opens the door for Accutane IBD lawsuits
Leahy’s proposed Senate Bill, likely to be introduced before the end of the year, would make it possible for patients injured by generic drugs to file lawsuits against manufacturers for improper warning labeling. Victims of generic may be entitled to compensation as high as $25 million, a figure awarded to plaintiff Andrew McCarrell in his lawsuit against brand-name Accutane manufacturer Hoffman-LaRoche. If Leahy’s Bill is passed, generic Accutane patients would be entitled to the same levels of compensation from generic Accutane manufacturers.
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