Quoted from http://www.nytimes.com/2012/04/19/health/bills-seek-to-change-rule-on-generic-drug-label.html
Bills Seek to Change Rule on Generic Drug Labels
By KATIE THOMAS
Published: April 18, 2012
Democrats in the Senate and House introduced companion bills Wednesday that would permit generic drug companies to update warning information about the drugs they manufacture, a change that could allow patients to sue the companies for failing to warn about the risks of taking their drugs.
A Supreme Court decision last year, Pliva v. Mensing, barred patients from suing generic drug companies because the court ruled that the companies did not have control over what their labels said and therefore could not be sued for failing to alert patients about the drugs’ risks.
An earlier Supreme Court decision, by contrast, gave permission to patients who took brand-name drugs to sue the drug manufacturers. Since the decision last year, dozens of judges have thrown out cases filed by patients who claim they were harmed by generic drugs even though in many cases they suffered the same injuries as those who took the brand-name versions.
“The Mensing decision creates a troubling inconsistency in the law governing prescription drugs,” Senator Patrick J. Leahy of Vermont, who sponsored the bill along with six other Democrats, said in a statement Wednesday.
“If a consumer takes the brand-name version of drug, she can sue the manufacturer for inadequate warnings. If the pharmacy happens to give her the generic version, she will not be able to seek compensation for her injuries,” he said.