Healthy Skepticism Library item: 17757

Warning: This library includes all items relevant to health product marketing that we are aware of regardless of quality. Often we do not agree with all or part of the contents.

Publication type: Journal Article

Kesselheim AS.
Permitting product liability litigation for FDA-approved drugs and devices promotes patient safety.
Clin Pharmacol Ther 2010 Jun; 87:(6):645-7
http://www.nature.com/clpt/journal/v87/n6/abs/clpt2009213a.html

Abstract:

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.