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July 20, 2010
Product-Liability
             
 
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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?    
 
 
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 Iowa and nationwide:

FTC Takes Action Against Marketers of Top-Selling Xenadrine EFX
The Federal Trade Commission has filed a federal district court complaint charging Robert Chinery, Jr., Tracy Chinery, and their company, RTC Resea...
Read more >


Balanced Budget Amendment, Tax Relief, Crime Control Among Top Goals For Senate Republicans
Washington, D.C. -- A comprehensive package of bills and one constitutional amendment were introduced in the U.S. Senate this week aimed as early l...
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NSF Study Yields Insights into Impact of Expert Testimony
"The U.S. legal system in this age of technology increasingly depends on testimony by science and technology experts, particularly in civil litigat...
Read more >


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Product Liability Terms

 


Today's Terms

Service bulletin

Definition:
Allows dealers to repair the problem at no cost to the customer even if the warranty has expired. A service bulletin notifies the dealer of the problem and how to resolve it.

US CPSC

Definition:
U.S. Consumer Product Safety Commission, they monitor products and issue recalls

Implied Warranties

Definition:
Not stated outright by the manufacturer or the seller. For example, you might have an Implied Warranty of Merchantability, which promises that your product is good for its ordinary purpose.

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Product Liability Resources

 


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Product Liability Hot Topics

 
Topics Related to Product Liability:

  • Automobiles
  • Cribs
  • Strollers
  • Tires

More Product Liability Topics >

Iowa 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:

  • Ames
  • Ankeny
  • Bettendorf
  • Burlington
  • Cedar Falls
  • Cedar Rapids
  • Clinton
  • Council Bluffs
  • Davenport
  • Des Moines
  • Dubuque
  • Fort Dodge
  • Iowa City
  • Marion
  • Marshalltown
  • Mason City
  • Muscatine
  • Newton
  • Ottumwa
  • Sioux City
  • Urbandale
  • Waterloo
  • West Des Moines
 


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