Compensating Pharmaceutical Injuries in the Absence of Fault

Food and Drug Law Journal, Vol. 69, p. 447, 2014

Suffolk University Law School Research Paper No. 14-24

26 Pages Posted: 2 Aug 2014 Last revised: 13 Sep 2014

See all articles by Marc A. Rodwin

Marc A. Rodwin

Suffolk University Law School; Harvard University - Edmond J. Safra Center for Ethics

Date Written: July 21, 2014

Abstract

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.

Suggested Citation

Rodwin, Marc A., Compensating Pharmaceutical Injuries in the Absence of Fault (July 21, 2014). Food and Drug Law Journal, Vol. 69, p. 447, 2014; Suffolk University Law School Research Paper No. 14-24. Available at SSRN: https://ssrn.com/abstract=2474805

Marc A. Rodwin (Contact Author)

Suffolk University Law School ( email )

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Harvard University - Edmond J. Safra Center for Ethics ( email )

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