Aside from preemption, it is quite possible that no legal doctrine has caused more angst to both sides of the pharmaceutical product liability bar, and in turn, the courts, than the interplay of negligence versus strict liability and the viability of a design defect claim against manufacturers of FDA-approved prescription drugs.
The Ever Shifting Landscape in Prescription Drug Design Defect Litigation
Aside from preemption, it is quite possible that no legal doctrine has caused more angst to both sides of the pharmaceutical product liability bar, and in turn, the courts, than the interplay of negligence versus strict liability and the viability of a design defect claim against manufacturers of FDA-approved prescription drugs.
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Andrew K. Solow, Evan Anziska and Daniel MeyersThis premium content is locked for LawJournalNewsletters subscribers only
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