The US Supreme Court Friday agreed to consider an appeal to a lawsuit against a generic drug maker, which argues it should not have been penalised for side effects of a drug it didn’t design.Generic drugs are copies of brand name drugs, sold at a lower price after the patent runs out.
The nation’s top court already ruled the makers of these low-cost drugs could not be sued for failing to notify users of side effects, in a June 2011 decision that noted that the law requires them to reproduce the information on the brand-name manufacturer’s label.
Karen Bartlett, who spent months in a coma and suffers serious long-term consequences after taking a generic anti-inflammatory drug for her shoulder pain, sued Mutual Pharmaceutical, the maker of the drug, claiming a flaw in the drug caused her injuries.
A court awarded her $21 million in damages to compensate for suffering.
Based on the Supreme Court’s previous ruling, the pharmaceutical company is appealing the decision.
The court said it will hear arguments in March, with a decision likely by June.
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