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Liability News
Orphan drugs: the question of products liability
Orphan drugs, essential for the treatment of persons with rare diseases, generally are unprofitable for manufacturers to develop and market. While congressional and administrative efforts to promote the development of orphan drugs have met with modest success, application of products liability doctrine to orphan drug sponsors could subvert those efforts. This Note describes the provisions of the Orphan Drug Act and analyzes products liability law with respect to orphan drug litigation. It argues that the goals of tort law support the imposition of liability for design defect, failure to warn and negligence in testing. Finally, the Note acknowledges that liability costs create disincentives for orphan drug development and suggests mechanisms for reducing manufacturers' liability concerns.
NEISS stands for CPSC’s National Electronic Injury Surveillance System
2003 NEISS estimates have been produced from a sample of 98 hospitals, including children’s hospitals. Information from NEISS is available to the public through CPSC’s National Injury Information Clearinghouse (phone: 301-504-7921) and online
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News about product liability cases in Miami and nationwide:
Definition:
Sometimes sale of the item is banned. A manufacturer may establish a recall program that asks consumers to return the defective item for replacement or repair.
State of the Art
Definition:
At the time of manufacture, your product was produced using the highest level of scientific and technical knowledge available.
Negligence
Definition:
Negligence occurs when someone breaches some sort of duty to another person, causing some kind of injury to that person.
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