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January 30, 2012
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Product 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.

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Did You Know?    
 
 
At the end of 2002, CPSC had reports of 5,239 ATV related deaths
Deaths and injuries associated with all-terrain vehicles (ATVs) have shown an increasing trend in the last several years. This was an increase of 698 deaths from 2001. These additional reported deaths occurred during the years 1999 to 2002. Of these reported fatalities, about one-third were children under 16 years old. Fourteen percent were under 12.

 


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News about product liability cases in New York and nationwide:

Proposed FDA Rule Preempts State Product Liability Laws
Back-door approach seeks powers denied by Congress and the courtsWASHINGTON, D.C. - The Food and Drug Administration is attempting a back...
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Construction Industry Is Leading
Groups that have endorsed the Gorton-Rockefeller substitute include: National Federation of Independent Business, National Association of Manufactu...
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Product Sellers, Rentors, And Lessors
Liability Rules Applicable to Product Sellers, Renters, and Lessors.Product sellers, rentors, and lessors will be liable only for their own failure...
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Product Liability Terms

 


Today's Terms

Unjust Enrichment

Definition:
The general principle of unjust enrichment is that one person should not be able unjustly to enrich himself at the expense of another.

Dispute Resolution Programs

Definition:
During mediation, both sides involved in the dispute meet with a neutral third party and create their own agreement jointly. In contrast, in arbitration the third party decides how to settle the problem.

BREACH OF WARRANTY

Definition:
If these warranties are breached (if the promises are broken or if the defendants have misrepresented something), then you may claim the theory of Breach of Warranty.

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Product Liability Resources

 


Search Product Liability resources in our resource center:

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Product Liability Hot Topics

 
Topics Related to Product Liability:

  • Automobiles
  • Cribs
  • Strollers
  • Tires

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New York Product Liability Attorney

 
If you live in the following cities and need an product liability attorney you should contact our Product Liability Attorney as soon as possible:

  • Astoria
  • Auburn
  • Bay Shore
  • Brentwood
  • Bronx
  • Brooklyn
  • Buffalo
  • Corona
  • Elmhurst
  • Elmont
  • Endicott
  • Fairport
  • Far Rockaway
  • Flushing
  • Forest Hills
  • Freeport
  • Hamburg
  • Hempstead
  • Huntington
  • Huntington Station
  • Ithaca
  • Jackson Heights
  • Jamaica
  • Jamestown
  • Levittown
  • Lindenhurst
  • Lockport
  • Long Beach
  • Massapequa
  • Middletown
  • New York
  • Newburgh
  • North Tonawanda
  • Patchogue
  • Poughkeepsie
  • Rego Park
  • Ridgewood
  • Rochester
  • Rome
  • South Ozone Park
  • South Richmond Hill
  • Spring Valley
  • Staten Island
  • Tonawanda
  • Troy
  • Webster
  • West Babylon
  • Westbury
  • Whitestone
  • Woodside
  • Yonkers
 


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