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FORUM « Unmeasured defensive medicine costs? | A new form of judicial activism? » June 26, 2007Qualified Regulatory Compliance Defense Peter Schuck of Yale Law School has a nice Commentary in The American Lawyer (here seen via Law.com in favor of a "qualified regulatory compliance defense" to drug manufacturers' tort liability. FDA approval of a drug or device should ordinarily pre-empt "design defectd" liability, unless plaintiff can show that the manufacturer failed to fully inform the FDA of risks of which the manufacturer was or should have been aware. Posted by Michael Krauss at 07:27 AM | TrackBack (0) |
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Published by the Manhattan Institute
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