Injured By A Drug? How Can Changes To Alabama Law Prevent You From Suing The Manufacturer?

If you're an Alabama resident who has suffered some health consequences due to your use of a legally-prescribed generic drug, you may be mulling over your various legal options. In most states, filing a personal injury lawsuit against the name-brand drug's manufacturer (or joining in a class action lawsuit with others who have suffered ill effects from the name-brand drug) can be the most effective way to receive compensation for your injuries. Unfortunately, the state of Alabama recently closed its doors to new lawsuits naming name-brand drug manufacturers as defendants in lawsuits based on the generic versions of these drugs, potentially preventing those who didn't file a lawsuit before October 30, 2015 from recovering any funds to offset medical bills or other costs incurred after a drug-related injury or illness. Read on to learn more about how recent changes in Alabama law could affect your ability to sue drug manufacturers, as well as your remaining options if you find yourself newly prohibited from filing suit.

What recent changes did Alabama make to its personal injury laws?

Because big businesses can generate jobs (and income tax revenue), state governments are in constant competition with one another to offer tax breaks and other financial incentives to entice businesses to relocate or open up new operations within their borders.  In many states, these incentives sometimes take the form of limits on the way businesses can be sued (or caps on the amount of damages that can be recovered if a lawsuit against a certain business is successful).

In 2015, the Alabama legislature introduced a bill to eliminate "innovator liability," a legal construction that permits those who are injured by a generic version of a popular drug to sue the drug's manufacturer. in 2013, an Alabama Supreme Court decision held that those who had sued the manufacturer of a name-brand anti-nausea medication could proceed even if they had suffered damage from the generic version of the drug. Because the U.S. Supreme Court had already ruled that those injured by generic drugs have no cause of action against the generic manufacturer, this 2015 legislation eliminated the only other avenue toward lawsuit for Alabama residents injured by a generic drug. This law took effect on October 30, 2015, and those whose lawsuits weren't filed prior to that date are now prevented from suing the name-brand manufacturer.

Do you have any options if your lawsuit is now barred in Alabama?

If you were injured by a generic medication after being prescribed the name-brand version, you may still have a few options. First, you'll want to investigate whether there was any negligence not attributed to either drug manufacturer that could serve as a basis for liability. For example, if a pharmacy opted to dispense a cheaper generic even though the name-brand was in stock in the quantity you needed, you may have a cause of action for negligence and an argument that the pharmacy was in part responsible for the injuries you suffered. 

You may also want to investigate moving. Some other states still permit innovator liability lawsuits, and if your lawsuit is of sufficiently high dollar value, it can be worth moving for a few years so that you can maintain a cause of action against the name-brand manufacturer in your new state. Before moving, you'll want to be sure to check out the statute of limitations on personal injury lawsuits in your destination state, as arriving only to find out you're barred by a two- or three-year statute of limitations could put you back at square one -- minus the time and money you spent to move.

Contact a personal injury attorney, such as Clearfield & Kofsky, for more information.