You Can Only Sue Brand Name Drugs that are Never Prescribed!

With the exception of two states in the United States, people who got floxed by quinolones antibiotics or got sick from any medication can only sue the brand name manufacturer, but only if the drug that got them sick, was a brand name drug.

Quick, hands up: how many of you actually take brand name drugs?

I had a conversation with the FDA and the pharmacist I talked to about brand name versus generic told me that over 80% of all drugs that have generic versions get to only be prescribed as generics. That means bad news to those getting hurt on a medication that is generic.

Now pardon me for my mathematical logic here but I cannot help but poke fun of a system that

1) mandates that all generic drugs must have the exact active ingredient as the brand name and

2) that all generic drugs must be bio equivalent to the brand name.

If the generics are exact copies of the brand name in terms of bio equivalency, which was specifically explained to me by the FDA that it considers where the drug dissolves and how it absorbs, then the two drugs are the same. Thus

generic = brand by all law, which means brand = generic by the same law => whether you get sick from the brand or the generic, shouldn’t matter. The problem is with the brand name since the generic is an identical bio equivalent copy. 

So why can’t you sue the brand name manufacturers if you took generic drug? Why can you only sue the brand name manufacturers if you took the brand name drug? This would imply that the generic and the brand name drugs are not the same; right? But they are the same by the law. So what is going on here? A game. This is politics and fraud big time! 

What can you do to prevent this game?

1) move to the states that allow law suits against generics

2) allow only brand name drugs to be prescribed and make sure the doctor writes on the prescription “do not substitute for generic” and that will ensure your lawsuit chance should something go wrong. 

The problem is of course the cost. Most insurance companies will only cover the generic so then if you get sick, there is not much you can do. For now, try to always convince the insurance company that you must have the brand name. You have no alternative! Remind the insurance companies that of course you can always sue them from forfeiting your right to sue brand name manufacturers by only allowing prescriptions for generics!

Comments are welcome as always!

Angela

Advertisements

About Angela A Stanton, Ph.D.

Angela A Stanton, PhD, is a Neuroeconomist focusing on chronic pain, electrolyte homeostasis, and genetics. She lives in Southern California. Her current research is focused on migraine cause, prevention and treatment without the use of medicines. As a forever migraineur from childhood, her discovery was helped by experimenting on herself. She found the cause of migraine to be at the ionic level, associated with disruption of the electrolyte homeostasis, resulting from genetic variations of all voltage gated channels that modulate electrolytes and voltage in the brain, insulin and glucose transporters, and several other related variants, such as the MTHFR variants of the B vitamin methylation process and many others. Migraineurs are glucose sensitive and should avoid eating carbs as much as possible. As a result of the success of the first edition of her book and new research and findings after treating over 4000 migraineurs world wide, all ages and both genders, she is now finishing the 2nd edition. The 2nd edition is the “holy grail” of migraines, incorporating all there is to know and also hypotheses. It includes an academic research section with suggestions for further research. The book is full of citations to authenticate the statements she makes to be followed up by those interested and to spark further research interest. It is a "Complete Guide". Due out in the summer of 2017. Dr. Stanton received her BSc at UCLA in Mathematics, MBA at UCR, MS in Management Science and Engineering at Stanford University, PhD in NeuroEconomics at Claremont Graduate University, and fMRI certification at Harvard University Medical School at the Martinos Center for Neuroimaging for experimenting with neurotransmitters on human volunteers. For relaxation Dr. Stanton paints and photographs. Follow her on Twitter at: @MigraineBook
This entry was posted in Interesting reading, Must Read, This & That, Thoughts and tagged , , . Bookmark the permalink.

One Response to You Can Only Sue Brand Name Drugs that are Never Prescribed!

  1. Pingback: And I Thought a Citizen Petition with the FDA Uses the Language of a Citizen! | cluelessdoctors

I would love to see your thoughts!

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s