Abstract

http://ssrn.com/abstract=1582586
 
 

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The Continuing Search for Proper Perspective: Whose Reasonableness Should be at Issue in a Prescription Product Design Defect Analysis?


Richard L. Cupp Jr.


Pepperdine University School of Law

1999

Seton Hall Law Review, Vol. 30, 1999

Abstract:     
This article addresses standards for analyzing alleged design defects in prescription products. It contrasts the Restatement of Torts (Third): Products Liability’s approach -- no design liability attaches if a reasonable healthcare provider would prescribe the product to any class of patients -- with a reasonable manufacturer approach.
The article reviews judicial decisions addressing prescription product design liability, and concludes that the case law supports a reasonable manufacturer approach over the Restatement (Third)’s approach. The article argues that in most instances both approaches will lead to the same result, and that design liability will be rare under either approach, but that the reasonable manufacturer test is superior to the Restatement (Third)’s reasonable healthcare test.

Number of Pages in PDF File: 25

Keywords: tort, Restatement, products liability, prescription, drug, medication, pharmaceutical, design defect, reasonable, manufacturer, healthcare

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Date posted: April 2, 2010  

Suggested Citation

Cupp, Richard L., The Continuing Search for Proper Perspective: Whose Reasonableness Should be at Issue in a Prescription Product Design Defect Analysis? (1999). Seton Hall Law Review, Vol. 30, 1999. Available at SSRN: http://ssrn.com/abstract=1582586

Contact Information

R.L. Cupp Jr. (Contact Author)
Pepperdine University School of Law ( email )
24255 Pacific Coast Highway
Malibu, CA 90263
United States
(310) 506-4658 (Phone)
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