TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Wednesday, June 13, 2007

Bernstein on Pharma Litigation

Anita Bernstein recently posted the following paper on SSRN: "Enhancing Drug Effectiveness and Efficacy Through Personal Injury Litigation."

The abstract provides:

For decades, personal-injury liability for the harms that prescription drugs cause has languished, unloved among legislatures and commentators. A near-consensus frets about overdeterring manufacturers; writers fear that lawsuits drive valuable pharmaceutical products from the American market. Even though confidence in FDA oversight - the main alternative to liability as a source of consumer protection - is in decline, few express concern about the possibility of underdeterrence.

Without denying that the costs of personal-injury liability might threaten the supply of prescription drugs, this article, first presented to an audience of state and federal judges in November 2006, looks at what judges (especially judges who try cases in state courts) can do to strengthen liability as a check on the harms that these products inflict on consumers. It invites courts to help enforce an entitlement to effectiveness, just as they now help enforce an entitlement to safety.


Scholarship | Permalink

TrackBack URL for this entry:

Listed below are links to weblogs that reference Bernstein on Pharma Litigation:

» Around the web, July 2 from PointOfLaw Forum
Mel Weiss and Bill Lerach said to have turned down plea deals that would require prison time [L.A. & S.F. Daily Journals via WSJ Law Blog] How "representative" was Pearson pants suit? [Ted @ OL] Seems kinda late for Miss.... [Read More]

Tracked on Jul 2, 2007 8:10:29 AM


Post a comment