Liability

You all know I am not a pro Big Pharma guy but this is outrageous.  This from the Wall Street Journal:

Can a drug company be held liable for damages caused by generic drugs it didn’t produce? That’s the expansive new theory of “innovator liability” on parade in Alabama, where a recent ruling by the state Supreme Court could do damage throughout the U.S. economy. In Wyeth Inc. et al., v. Danny Weeks et al., Mr. Weeks says he suffered from side effects from taking the generic version of an acid-reflux drug called Reglan. He sued Wyeth for fraud and misrepresentation, though the company didn’t make the drug he took and had exited the Reglan market in 2002, five years before he took it. The court ruled 8-1 that Wyeth could be held liable for injuries because the generic manufacturer couldn’t change the warnings on the product it copied.

This is what limits innovation.  I mean, c’mon man, are you serious?

Douglas Farrago MD

Douglas Farrago MD is a full-time practicing family doc in Forest, Va. He started Forest Direct Primary Care where he takes no insurance and bills patients a monthly fee. He is board certified in the specialty of Family Practice. He is the inventor of a product called the Knee Saver which is currently in the Baseball Hall of Fame. The Knee Saver and its knock-offs are worn by many major league baseball catchers. He is also the inventor of the CryoHelmet used by athletes for head injuries as well as migraine sufferers. Dr. Farrago is the author of four books, two of which are the top two most popular DPC books. From 2001 – 2011, Dr. Farrago was the editor and creator of the Placebo Journal which ran for 10 full years. Described as the Mad Magazine for doctors, he and the Placebo Journal were featured in the Washington Post, US News and World Report, the AP, and the NY Times. Dr. Farrago is also the editor of the blog Authentic Medicine which was born out of concern about where the direction of healthcare is heading and the belief that the wrong people are in charge. This blog has been going daily for more than 15 years Article about Dr. Farrago in Doximity Email Dr. Farrago – [email protected] 

  5 comments for “Liability

  1. mamadoc
    March 31, 2013 at 5:35 pm

    As my children, who live in Alabama would say, WTF?

  2. March 27, 2013 at 2:13 pm

    Does the public understand why innovation has crossed the Atlantic and no longer is the US the master of medicine and discovery? This is why medicine is in a sorry state. Has anyone heard of individual responsibility? Oh, I forgot, if the children in Washington DC can’t take responsibility, led by the teenager himself, then why should the public.

  3. DrHockey
    March 27, 2013 at 9:47 am

    Wife: “Why is Alabama a state?”

    Me: “Everybody makes mistakes.”

    • Pat Conrad
      April 1, 2013 at 12:52 pm

      Believe me, you’d hate it down here! Stay up north where it’s safe and civilized, and us Illiterates will get by the best we can.

  4. Pat
    March 24, 2013 at 9:37 am

    I’ve never understood why patents on drugs have an expiration, when other intellectual properties do not. This seems grossly unfair to whoever invents a new drug – why should there be a ‘right’ to generics?

    Where is the fairness in, on the one hand, being deprived of legitimate profits for one’s invention, and yet still be sued for it?

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