My Manhattan Institute colleagues James Copland and Paul Howard are the authors of a just-released paper which proposes comprehensive federal preemption of state product liability drug litigation, combined with a new administrative compensation program for persons injured by unforeseen drug side effects, modeled on the existing vaccine injury compensation program. Their paper is here, and the section on administered compensation begins here. A summary, and early reaction: Medical News Today, Legal NewsLine, their Washington Times op-ed, AmLaw Daily ("makes for interesting reading"), Drug and Device Law.
Copland and Howard: a proposal for drug-injury administrative compensation
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Center for Legal Policy at the