This court case has been in the news of late and now with the current ruling, it adds on one more layer of responsibility to the Name Brand drug company, in other words when the generic versions come out and are prescribed, they can piggyback the exact same warnings, thus the name brand company is now liable for any generic side effects or injuries incurred by patients.
This could stand to open an entire new area in the legal field for lawsuits down the road. BD
Drug manufacturers have long had to provide safety warnings for their products. Now they might have to do the same for companies piggybacking on their success. On Friday, San Francisco's 1st District Court of Appeal stunned drug makers by ruling that they can be held liable not only for any harm caused by their own name-brand products, but also for injuries caused by competing companies' generic versions. "As the foreseeable risk of physical harm runs to users of both name-brand and generic drugs," Justice Peter Siggins wrote, "so too runs the duty of care."