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Drug injuries from generic medication deserve compensation too

Between years of research and development, clinical trials and FDA approval, most patients in Ohio probably feel fairly comfortable taking prescription medication without worrying about possible repercussions. Unfortunately, drug injuries can and do occur, putting victims in difficult positions. Although some victims are able to successfully seek compensation from the manufacturers, there is one sector of consumers who have recently been left out of the right to pursue compensation for devastating injuries. 

Yaz — a prescription birth control medication — is manufactured by Bayer Healthcare Pharmaceuticals and, according to certain advocate groups, is a dangerous drug. It contains a hormone called drospirenone that has been linked to increasing the risk of blood clots in those who take medications that contain it. To date, Bayer has already shelled out over $1 billion to victims who suffered blood clots after taking Yaz.

But what about those who took the generic form of the drug? One such patient was only 17 years old when she first began to take the generic form of Yaz, and she soon began to suffer from severe blood clots. She has since undergone multiple surgeries and is unable to participate in any type of sport. While she and her family still have the ability to pursue compensation, some believe that the law is not on her side. The Supreme Court has a history of ruling on the side of generic drug manufacturers, citing an FDA rule that requires generic drug makers to have help when issuing updates for their products’ side effects.

Drug injuries have the potential to devastate a victim’s life. A medication that may have been intended to treat an otherwise minor illness can result in a significantly worse injury, requiring continuous medical care and leading to costly medical bills. Although there may be some who seek to dissuade victims in Ohio from pursuing suits against manufacturers of dangerous or defective drugs, a successfully litigated claim is often one of the most appropriate courses of action for victims. Although any awarded compensation cannot undue the past or the harm done, it can be applied toward related damages and serve as a stepping stone toward recovery.

Source: thinkprogress.org, “Drug Labeling Policy Makes Generic Drugs More Dangerous, And Patients Can’t Even Sue”, Tara Culp-Ressler, March 26, 2015

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