The FDA has the power to fix the ongoing injustice of those hurt by generic drugs left out in the cold by five corporate-friendly judges who sit on the Supreme Court, yet the agency does nothing. The FDA is culpable, but make no mistake: generic Low T Injustice comes from the Supreme Court.
Brand vs. Generic Drugs
We receive emails and phone calls daily from men who took a generic version of testosterone therapy – usually from Watson or Paddock – and who suffered heart attacks or strokes. Many are men as young as their mid 40s who have no history of health problems. Their heart attacks or strokes look to us and to them to have been caused by Low T therapy. These men want us to file a case for them against the company that made the drug.
Sadly, we tell these men who were given a generic Low T product, usually through no choice of their own – typically their doctor opted to give them generic instead of a brand version of Low T injections, or their pharmacist was forced by insurance or some other reasons to fill their Low T prescription with a generic version – that we will probably not be able to make a case for them. The reason is two horrific citizen’s-rights-destroying decisions of the extremist five that sit on the Supreme Court. Justices Scalia, Roberts, Thomas, Alito and Kennedy can almost always be counted upon by corporations to vote in their favor at the expense of citizens. They have been true to form with their two heartless, stupefying generic drug decisions.
Generic Low T Injustice from Supreme Court
The five activist judges seem driven by one overriding agenda: “Corporations first, citizen’s rights second.” In Pliva v. Mensing (2010), and Mutual Pharmaceutical v. Bartlett (2013), the five voted to give transnational generic drug makers a get-out-of-jail-free card whenever their drugs injure or kill Americans. No generic drug maker is held liable for injuries, while brand name drug makers must answer to the same tort laws that have protected Americans for more than 100 years. The same four judges usually can be counted on to defend citizen’s rights against the power of corporations: Ginsburg, Sotomayor, Breyer and Kagan.
Generic Drug Profits soar
Not surprisingly, generic drug makers’ profits have soared in the post-Mensing years, as fully 85 percent of Americans now have their prescriptions filled with generic versions of a drug. Teva’s generic profits now rival the profits of branders.
At least one generic company has enjoyed so much success in the post-Mensing era that it was able to buy a brand name drug company and then use the brand company’s name for the new, bigger company.
On Halloween 2012, the generic company Watson purchased Actavis (a brander) and on Jan. 24, 2013 even changed its name to Actavis. Watson made (or makes, if some gossamer corporate veil remains intact, despite the ownership and name changes?) a generic version of injectable Low T therapy – testosterone cypionate – while Actavis produces the Low T brand product Androderm, a non-scrotal patch approved by the FDA in 1995. (One can now even begin to envision a post-Mensing world in which powerhouse generic companies buy up brand-name drug makers and use some sort of corporate veil to grant all the companies under their umbrella complete immunity by using the Supreme Court Five’s twisted reasoning in Mensing and Bartlett.)
One possibility, some glimmer of hope for those injured by Watson generics since Oct. 2012, may be that after Watson became a brand name owner of a Low T product, perhaps it could no longer play the get-out-of-jail-free card dealt to generic drug makers by the extreme five. Once Watson/Actavis became a brand name holder – one might argue – it now had control of its Low T label and could no longer hide behind the same phoney “impossibility” defense that five on the high court bought in their Mensing decision.
At this moment, one can at least hope it is possible to hold Watson responsible for at least some of the injuries its Low T products have caused.
Matthews & Associates is handling Low T Lawsuits and Testosterone Lawsuits for men injured by testosterone therapy. Contact a Testosterone Lawyer today for a free consultation if you or a loved one has been injured by Low T therapy.