{"title":"Compensating Pharmaceutical Injuries in the Absence of Fault.","authors":"Marc A Rowin","doi":"","DOIUrl":null,"url":null,"abstract":"<p><p>Adverse drug events cause significant injuries to consumers. Between half and three-quarters of these injuries are uncompensated under tort law because they are not due to negligence or fraud. This article argues that fundamental fairness and sound economics favor holding manufacturers of pharmaceutical products financially responsible for pharmaceutical injuries unless there is clear fault by another party. It reviews the experience of vaccine and pharmaceutical injury compensation programs internationally. It proposes the creation of an administrative compensation system for the United States that would compensate pharmaceutical injuries.</p>","PeriodicalId":12282,"journal":{"name":"Food and drug law journal","volume":null,"pages":null},"PeriodicalIF":0.3000,"publicationDate":"2014-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Food and drug law journal","FirstCategoryId":"97","ListUrlMain":"","RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"FOOD SCIENCE & TECHNOLOGY","Score":null,"Total":0}
引用次数: 0
Abstract
Adverse drug events cause significant injuries to consumers. Between half and three-quarters of these injuries are uncompensated under tort law because they are not due to negligence or fraud. This article argues that fundamental fairness and sound economics favor holding manufacturers of pharmaceutical products financially responsible for pharmaceutical injuries unless there is clear fault by another party. It reviews the experience of vaccine and pharmaceutical injury compensation programs internationally. It proposes the creation of an administrative compensation system for the United States that would compensate pharmaceutical injuries.
期刊介绍:
The Food and Drug Law Journal is a peer-reviewed quarterly devoted to the analysis of legislation, regulations, court decisions, and public policies affecting industries regulated by the U.S. Food and Drug Administration (FDA) and related agencies and authorities, including the development, manufacture, marketing, and use of drugs, medical devices, biologics, food, dietary supplements, cosmetics, veterinary, tobacco, and cannabis-derived products.
Building on more than 70 years of scholarly discourse, since 2015, the Journal is published in partnership with the Georgetown University Law Center and the O’Neill Institute for National & Global Health Law.
All members can access the Journal online. Each member organization and most individual memberships (except for government, student, and Emeritus members) receive one subscription to the print Journal.