Eight out of ten drugs are generics. Did you know it's almost impossible to sue even when a generic drug kills someone you love?
Kira Gilbert took generic Darvocet that her doctor prescribed for pain in advance of knee surgery. She never woke up. It should have been a routine surgery but at 22 the young woman was dead. She'd taken just six pills spread over eight days.
The tragedy for Kira and others like her is that the FDA later pulled Darvocet and the generic from the market after linking them to sometimes fatal heart abnormalities.
Hundreds of lawsuits have since flooded the U.S. District Court handling the matter. Unfortunately, since Kira took a generic drug her family’s claim against the manufacturer of the drug responsible for her death was dismissed because of the Mensing decision.
Why? Because generic drug manufacturers won a ruling before the U.S. Supreme Court saying they don't need to warn patients when they learn of a new and dangerous side effects.
Both Darvocet and the generics are accused of playing down the potentially deadly side effects. But while lawsuits involving brand names are going forward, the families of those who took generics like the Gilberts are left with no access justice.
How fair is that?