Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Although this provision does not absolutely preclude design defect liability for pharmaceutical manufacturers, it sets a very high standard that most plaintiffs will be unable

Although this provision does not absolutely preclude design defect liability for pharmaceutical manufacturers, it sets a very high standard that most plaintiffs will be unable to meet. Do you think this standard is appropriate? Consider the following alternative standard (which is not the law anywhere, but has been made up for purposes of this question):

A prescription drug or medical device is not reasonably safe due to defective design if the overall foreseeable risks of harm posed by the drug or medical device outweigh its overall foreseeable therapeutic benefits.

How would this standard differ from the standard in the Restatement of Torts (Third)? In your opinion, should the law be changed to reflect the alternative standard? Why or why not?

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Contract Law

Authors: Ewan McKendrick

10th Edition

1137293705, 978-1137293701

More Books

Students also viewed these Law questions

Question

How does document design improve ease of reading?

Answered: 1 week ago