Physician Suits Against Pharmaceutical And Medical Device Manufacturers: Friend Turned Foe?
- Topics:
- Regulatory issues
- Tags:
- FDA,
- Physician,
- Patient,
- Medical Device,
- Manufacturing,
- Manufacturer,
- Healthcare,
- Government,
- Federal Government,
- Reed Elsevier Inc.
- Source:
- Reed Elsevier
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Overview: This paper discusses that pharmaceutical and medical device manufacturers are all too familiar with the regulatory risks and with the potential for product liability claims from patients whenever a product is manufactured and sold. The Food and Drug Administration (FDA) has sweeping powers to regulate manufacturers before and after a product is brought to market. Plaintiffs’ lawyers have not hesitated to bring individual and mass tort product liability lawsuits at the first sign of any reported problem with a medical product. The strength of this relationship often carries over to the field of products liability. When a patient claims that a drug is defective or a device has malfunctioned, manufacturers are generally reluctant to cross-claim against the prescribing physician. Manufacturers might assert that a physician’s misuse of a product broke the chain of causation between the company and any alleged problem experienced by the patient. Read the article for more information.
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Format: PDF | Size: 68KB | Date: Jan 2003 | Pages: 7
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