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Clin Pharmacol Ther. 2010 Jun;87(6):645-7. doi: 10.1038/clpt.2009.213.

Permitting product liability litigation for FDA-approved drugs and devices promotes patient safety.

Author information

1
Division of Pharmacoepidemiology and Pharmacoeconomics, Brigham and Women's Hospital and Harvard Medical School, Boston, Massachusetts, USA. akesselheim@partners.org

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.

PMID:
20485322
DOI:
10.1038/clpt.2009.213
[Indexed for MEDLINE]

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