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Permitting Product Liability Litigation for FDA‐Approved Drugs and Devices Promotes Patient Safety
Author(s) -
Kesselheim A S
Publication year - 2010
Publication title -
clinical pharmacology and therapeutics
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.941
H-Index - 188
eISSN - 1532-6535
pISSN - 0009-9236
DOI - 10.1038/clpt.2009.213
Subject(s) - product liability , business , liability , product (mathematics) , tort , supreme court , medical prescription , medical device , medicine , law , pharmacology , finance , political science , biomedical engineering , geometry , mathematics
In 2008 and 2009, the Supreme Court reviewed the question of whether patients injured by dangerous prescription drugs or medical devices can bring tort lawsuits against pharmaceutical and device manufacturers. The Court ruled that claims against device manufacturers were preempted while claims against pharmaceutical manufacturers were not. The threat of product liability lawsuits promotes patient safety by encouraging manufacturers to take greater responsibility in providing clear warnings about known adverse effects of their products. Clinical Pharmacology & Therapeutics (2010) 87 6, 645–647. doi: 10.1038/clpt.2009.213