Generic vs. Name Brand?

Generics are cheaper, but what if they cause you harm?

In a nut shell, if a generic drug or medical device causes you harm you cannot sue the generic manufacturer.

Under the FDCA (Federal Food, Drug, and Cosmetic Act) there is the requirement that all actions to enforce claims under the act must be brought in the name of the United States. We lawyers continually try to urge exceptions to this draconian stance, but most times, a generic manufacturer cannot successfully be sued if it has not altered the recipe relative to the active ingredients or messed with the warnings approved by the FDA for the original manufacturer.

So, when you’re deciding whether to spend the extra money, factor in the possible consequences.

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