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August 24, 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 Alabama and nationwide:

Speed Buckle Harnesses Used During Mountain and Rock Climbing Recalled for Fall Hazard
Rock climbing and mountaineering specialty shops nationwide from December 2005 through July 2006 for between $40 and $75.

The harness ...

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Proposed FDA Rule Preempts State Product Liability Laws
Back-door approach seeks powers denied by Congress and the courtsWASHINGTON, D.C. - The Food and Drug Administration is attempting a back...
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Construction Industry Is Leading
Groups that have endorsed the Gorton-Rockefeller substitute include: National Federation of Independent Business, National Association of Manufactu...
Read more >


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Product Liability Terms

 


Today's Terms

Merchant

Definition:
A person who deals in the goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his employment of an agent or broker or other intermediary who by his occupation holds himself out as having such knowledge or skill.

Lemon laws

Definition:
Help protect consumers by requiring a refund or replacement if a substantial problem is not fixed within a reasonable number of attempts or if the vehicle has been out of service for a certain number of days

BREACH OF WARRANTY

Definition:
If these warranties are breached (if the promises are broken or if the defendants have misrepresented something), then you may claim the theory of Breach of Warranty.

More Product Liability Terms >

 

Product Liability Resources

 


Search Product Liability resources in our resource center:

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Product Liability Hot Topics

 
Topics Related to Product Liability:

  • Automobiles
  • Cribs
  • Strollers
  • Tires

More Product Liability Topics >

Alabama 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:

  • Alabaster
  • Albertville
  • Alexander City
  • Anniston
  • Athens
  • Atmore
  • Auburn
  • Bay Minette
  • Bessemer
  • Birmingham
  • Cullman
  • Daphne
  • Decatur
  • Dothan
  • Enterprise
  • Fairhope
  • Florence
  • Fort Payne
  • Gadsden
  • Hartselle
  • Huntsville
  • Madison
  • Mobile
  • Montgomery
  • Opelika
  • Ozark
  • Pelham
  • Phenix City
  • Pinson
  • Prattville
  • Selma
  • Sylacauga
  • Talladega
  • Theodore
  • Trussville
  • Tuscaloosa
  • Wetumpka
 


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