What is a brand-name drug?
A brand-name drug is one that is covered by a patent, and marketed by the manufacturer (or group of manufacturers) that developed it. The patent provides for market exclusivity; no one else can manufacture, or sell, the same drug. This enables drug makers to charge high prices for their products (their argument is that it's necessary to recoup the cost of development). Vioxx, Celebrex, and Bextra are all brand-name drugs.
Once the patent on a brand-name drug expires – typically after many years – the compound can be made by any company. These versions – chemically identical to the brand-name drug but usually far less expensive – are known as generics. Like brand-name drugs, they must be approved by the FDA before they can be sold.
Why should I hire a pharmaceutical litigation lawyer as opposed to just any personal injury attorney?
Drug litigation is a particularly complex area of the law – and one where opponents are typically large companies with ample financial and legal resources. Often they're aligned with some of the most powerful defense firms in the country. Lawyers who tackle these cases not only need to have a mastery of the law and courtroom strategies, but significant resources themselves. It's the only way a pharmaceutical case can see the resolution plaintiffs need – and deserve. But most personal injury lawyers just can't provide it, lacking the necessary experience or the resources – and often both. Plaintiffs need more than a lawyer who wants to win. They need a lawyer who can win. At Babbitt, Johnson, Osborne & Le Clainche, we have four decades of experience taking on the most complex cases – and the most powerful opponents. We have the know-how, as well as the financial and staffing resources, to see these sophisticated, difficult suits all the way thorough to a resolution that isn't simply desired – but just.