Name Brand Drug Makers Not Liable for Injuries Caused by Generic Counterparts, W. Va. High Court Rules

CHARLESTON, W. Va. — The West Virginia Supreme Court of Appeals has held that name brand drug makers cannot be held liable for injuries sustained by plaintiffs who only ingested the drug’s generic counterpart.

In answering a question certified by the 4th Circuit U.S. Court of Appeals, the state high court noted in its May 11 opinion 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 2012, Kimmy McNair was diagnosed with pneumonia and prescribed the antibiotic Levaquin (levofloxacin). The prescription was filled with …