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!