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?
	The extent of current asbestos product labeling is limited Except for products which are sold unwrapped, such as millboard; and asbestos-cement sheet, all products are labeled with the name of the manufacturer or distributor. Only asbestos paper and furnace cement are labeled as containing asbestos. Non-asbestos substitutes for all asbestos products are widely available to the public for household uses.