Recently, a multidistrict litigation class action case was settled by a federal trial judge. The case was about a generic version of Wellbutrin, an antidepressant drug that was proven to be less effective than the Wellbutrin. As a result, the drug makers will provide injunctive relief to members of the class action lawsuit by changing the labels of their products and by paying $4.5 million for the costs of the class counsel and any additional attorney fees.
The following list is a breakdown of expenses to be paid by the generic drug-maker company:
- $3.2 million for attorney fees
- $1.3 million for the costs of class counsel
- 2 $10,000.00 incentive awards to 2 class representatives
- $5,000.00 to other plaintiffs (about 2.24 million people)
The drug makers failed to inform consumers that the drugs would not be as effective as the name brand drug. During the case, the judge stated that consumers are stripped of their rights to compensation when drug makers do not abide by state laws and the requirements outlined by the federal Food and Drug Administration. He continued, stating that name brand drug makers are not immune from liability, so generic-drug makers should not be immune either.
According to plaintiffs, the labels on the generic drugs state the drugs are as therapeutic as Wellbutrin. In addition, the generic version stated the drug should stay in the bloodstream for five hours. However, sources state the drug only works for up to two hours, causing the plaintiffs to suffer worse symptoms in a smaller amount of time. Plaintiffs stated that if they knew the drugs would not work correctly, they would have never purchased or consumed such drugs.
The class was represented by several lawyers as well as the following attorneys from Golomb Legal, P.C.:
- · Richard M. Golomb