Compensating Pharmaceutical Injuries in the Absence of Fault
Food and Drug Law Journal, Vol. 69, p. 447, 2014
26 Pages Posted: 2 Aug 2014 Last revised: 13 Sep 2014
Date Written: July 21, 2014
Adverse drug events cause significant injuries to consumers. Between half and three-quarters of these injuries are uncompensated under tort law because they are not due to negligence or fraud. This article argues that fundamental fairness and sound economics favor holding manufacturers of pharmaceutical products financially responsible for pharmaceutical injuries unless there is clear fault by another party. It reviews the experience of vaccine and pharmaceutical injury compensation programs internationally. It proposes the creation of an administrative compensation system for the United States that would compensate pharmaceutical injuries.
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