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The Role of the Food and Drug Administration in Product Safety
The Role of the Food and Drug Administration in Product Safety
Bioengineered Foods
Biotechnology refers to scientific techniques that allow DNA to be modified. DNA is the genetic material of all living things.
Bystander Recovery for Emotional Distress
Strict products liability (liability without regard to fault) is based on public policy considerations. The underlying policy is to shift the risk of loss from the injured party to the manufacturers or sellers of a defective product since they are better able to distribute the loss. The courts have recognized that the same policy considerations apply to an injured bystander. The manufacturer or seller can spread the loss arising from defective products better than an injured bystander can.
Protective Orders in Drug Product Liability Litigation
After a drug product liability lawsuit is filed, both the plaintiff (the person suing) and the defendant (the person or company being sued) engage in a process called discovery. The purpose of discovery is to allow a party to learn more about the important facts of the case before trial and the other party's evidence. The scope of discovery is very broad. It covers any information that is relevant to the case or which may lead to relevant evidence. Privileged information and the work product of the opposing party's lawyer (the lawyer's written observations, theories, opinions, and research) do not have to be disclosed. Privileged information includes oral and written communications between an attorney and his/her client.
Compensation for Fear in Product Liability Actions
In some product liability actions, such as asbestos and breast implant litigation, a known risk of the defective product is an increased risk of cancer. As a result of the litigation concerning the products, plaintiffs or potential plaintiffs may become fearful of developing cancer. Even if they never do develop cancer, a number of courts have allowed these plaintiffs to recover damages for "fear of cancer."
