Keith Jensen obtained the largest verdict in NH history and that case is before the U.S. Supreme Court
March 22, 2013, 4:30 p.m. ET
Accountability for Generic Drugs
The ability for consumers to hold manufacturers accountable in court improves product safety. The March 19 op-ed by Tevi Troy, "The Best Prescription for Pre-Emption," completely ignores the fact that sulindac was an unsafe drug. Mutual Pharmaceuticals' legal responsibility is in question because the drug it produced that injured Karen Bartlett was a generic, not a brand name drug.
Accountability motivates drug makers to both produce safe products and monitor for new side effects after their drugs are approved and enter the marketplace. Generics make up 80% of the prescription drug market, and yet cannot be held responsible and are not subject to the same safety requirements as brand-name manufacturers.
The Food and Drug Administration does not do its own testing of drugs, but instead approves drugs based on the studies the manufacturer supplies to the FDA.
Both generic and brand-drug manufacturers should have the same responsibility to monitor the safety and disclose information about the risks of their drugs.
Mary Alice McLarty
President, American Association for Justice