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The Breast Implant Fiasco

David Bernstein, 87 Cal. L. Rev. 457 (1999)

The silicone breast implant litigation, a lasting embarrassment to the American legal system, was driven not by scientific evidence but by political posturing, media sensationalism, and, crucially, a contingency fee system that rewards speculative litigation. Among indicated reforms: stronger standards on scientific testimony, improved trial procedures, and a revamp of the way lawyers get paid.




categories:
Medicine and Law
Scientific Evidence









 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.