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January 07, 2010
Product-Liability
             
 
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Product Liability News

 

Orphan drugs: the question of products liability

Orphan drugs, essential for the treatment of persons with rare diseases, generally are unprofitable for manufacturers to develop and market. While congressional and administrative efforts to promote the development of orphan drugs have met with modest success, application of products liability doctrine to orphan drug sponsors could subvert those efforts. This Note describes the provisions of the Orphan Drug Act and analyzes products liability law with respect to orphan drug litigation. It argues that the goals of tort law support the imposition of liability for design defect, failure to warn and negligence in testing. Finally, the Note acknowledges that liability costs create disincentives for orphan drug development and suggests mechanisms for reducing manufacturers' liability concerns.

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Did You Know?    
 
 
Portable Generators can be very dangerous
Between 1990 and 2002, CPSC received reports of 179 carbon monoxide (CO) poisoning deaths associated with portable generators. These products use fuel-burning engines that emit poisonous CO gas in their exhaust.

 


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News about product liability cases in Utah and nationwide:

Olympus Expands March Recall of Overheating Infinity Film Cameras
Olympus Imaging America Inc. has received 21 reports of camera or flash circuitry overheating in the U.S. with no reports of injuries.


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Black & Decker Expands Recall of Cordless Electric Lawnmowers Due to Fire Hazard
 

An electrical component in the lawnmowers can overheat, posing a fire hazard.

Black & Decker has received 10 additional ...

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Pool Toys Recalled by Wild Planet Toys Due to Risk of Impalement Injury to Children
Wild Planet has received one report of an impalement injury to an 8-year-old girl who landed seat first onto a Jet Streamer left in a swimming...
Read more >


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Product Liability Terms

 


Today's Terms

Dispute Resolution Programs

Definition:
During mediation, both sides involved in the dispute meet with a neutral third party and create their own agreement jointly. In contrast, in arbitration the third party decides how to settle the problem.

Secret warranties

Definition:
In dealing with defects in autos & new car parts sometimes free repairs are not publicized, they are called "secret warranties." Some states have passed laws requiring vehicle owners be notified of secret warranties.

Inadequate Warning

Definition:
Sometimes, a manufacturer doesn’t warn the user of a product’s hazards. Simply putting a warning in a little instruction book or label might not be enough. The warning must adequately inform the user of the hazards.

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Product Liability Resources

 


Search Product Liability resources in our resource center:

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Product Liability Hot Topics

 
Topics Related to Product Liability:

  • Automobiles
  • Cribs
  • Strollers
  • Tires

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Utah Product Liability Attorney

 
If you live in the following cities and need an product liability attorney you should contact our Product Liability Attorney as soon as possible:

  • American Fork
  • Bountiful
  • Brigham City
  • Cedar City
  • Clearfield
  • Draper
  • Kaysville
  • Layton
  • Lehi
  • Logan
  • Magna
  • Midvale
  • Ogden
  • Orem
  • Pleasant Grove
  • Provo
  • Riverton
  • Roy
  • Saint George
  • Salt Lake City
  • Sandy
  • South Jordan
  • Spanish Fork
  • Springville
  • Tooele
  • Vernal
  • West Jordan
 


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