Products Liability
| The Role of the Food and Drug Administration in Product Safety |
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| The Role of the Food and Drug Administration in Product Safety More... |
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| Insurance and Drug Products Liability |
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| An insurance policy is a contract between an insurance company (the insurer) and an individual or company (the insured). Under the contract, the insurer agrees to defend the insured if the insured is sued. The insurer also agrees to indemnify or repay the insured for any losses that are covered by the policy. More... |
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| A Drug Manufacturer's Liability for Off-Label Use |
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| It is legal and common for physicians to make off-label uses of drugs and medical devices. Off-label use refers to the use of drugs and medical devices for purposes not mentioned on the manufacturer's labels. More... |
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| Power Window Accidents |
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| Because deaths from power window accidents are relatively rare, car manufacturers argue that the cost using the more expensive switches is not justified by the small number of deaths and injuries. Further, they claim that parents and caregivers are ultimately responsible for supervising their children in cars. Consumer safety groups argue that because the injuries and deaths are readily preventable, the change should be made even if the impact is not broad. Further, they claim that children can be injured even with parental supervision. More... |
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| Intermediaries' Liability for Distributing Drugs and Medical Devices |
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| As a general rule, intermediaries (retailers, distributors, or wholesalers involved in distributing drugs and medical devices) have the same liability for a drug or medical device as the drug company that manufactured the product. Intermediaries that merely distribute the product can generally avoid liability, but distributors whose only activity involved unwrapping and rewrapping the products for sale to the retailer have been held liable. Some states have laws that prevent non-manufacturers from being held liable for injuries caused by defective products.
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