Approximately seven out of every 10 Americans take a prescription medication. While the majority of these drugs are reasonably safe (virtually every medicine has some side effect), there has been a trend in recent years for drugs to be put on the market before the full effects are adequately studied.
A number of Massachusetts product liability lawsuits have arisen as a result of personal injuries or wrongful deaths allegedly caused by prescription medications. One common claim in such lawsuits is an allegation that the patient was not adequately warned of the medication’s side effects. A complication arises, however, when the patient takes a generic version of a drug. This is because federal law requires that a generic drug provide an identical label to its name-brand counterpart, even though the drugs may be made by different manufacturers.
Facts of the Case