4th Cir. Certifies Question of Name Brand Makers’ Liability for Generic Drugs to West Virginia High Court

CHARLESTON, W. Va. — A federal appellate court has certified to the West Virginia high court the question of whether name brand drug makers can be held liable for injuries sustained by plaintiffs who only ingested the drug’s generic counterpart.

In certifying the question on May 30, the 4th Circuit U.S. Court of Appeals noted that the overwhelming weight of federal precedent states that brand drug makers cannot be held liable for injuries allegedly caused by generic drugs.

In March of 2012, Kimmy McNair fell ill and sought medical treatment at an urgent care center. She was diagnosed with pneumonia …