Stark & Stark Shareholder Martin P. Schrama, member of the firm’s Mass Tort group, co-authored the article “Plaintiffs Without a Remedy: Federal Preemption and Generic Pharmaceuticals,” published in the New Jersey Law Journal on February 3, 2014. The article discusses a legal anomaly that exists in the pharmaceutical industry. They also address the rising use of generic drugs and the requirements that name-brand and generic pharmaceutical manufacturers must meet.
The article explained that, “Based upon a legal loophole created by the interplay between federal and state law, a valid claim against a name-brand pharmaceutical manufacturer cannot be maintained against a generic pharmaceutical manufacture—despite the fact that the product is exactly the same.”
The article concludes, “As of right now, it is essentially impossible for an individual to pursue a product liability cause of action against a generic manufacturer for injury caused by that product.” The FDA is attempting to eliminate this anomaly.
To read the full article, click here.