Mother Warns of Unaccountability of Generic Drug Makers in the Death of her Daughter

Few Americans realize that if they are injured or killed by taking a generic brand drug the manufacturer of that drug cannot be held accountable for the injury or death.

In 2011, the Supreme Court ruled that, unlike name-brand manufacturers, generic manufacturers are not responsible for updating the labels on the drugs they sell and cannot be held accountable in court for failing to warn patients when they learn of a new and dangerous side effects. This is especially alarming because 86% of American prescriptions are filled with generic brands.

Food and Drug Administration officials want to “create parity” between brand-name and generic drug makers. Generic drug makers object to the proposal over concerns they would face increased liability. The drug makers have already succeeded in winning a delay – a proposed rule to update generic drug labeling was originally to have been finalized late last year, but has been pushed back until this coming fall.

The lack of legal accountability of generic drug makers affects the lives of thousands of comsumers. To put a face on the problem, the American Association of Justice shares the tragic stories of victims who were injured or killed after taking generic drugs. In this video, the mother of 22 year-old Kira Gilbert (pictured above) talks about her daughter who passed away from acute cardiac failure eight days after she began taking generic Darvocet for pain in advance of knee surgery to repair her ACL that she tore while working at her job in an orphanage.  Kira had no previous history of heart conditions.

Thanks to tort reform – and the hard work of corporate lobbyists – Kira’s family cannot have their day in court.

To learn more about the American Association of Justice’s public education and grassroots campaign to restore accountability, promote safety and ensure Americans have access to justice please visit http://www.takejusticeback.com/