Learned Intermediary Doctrine and Oral Contraceptives

In 1985, the Massachusetts Supreme Court carved out an exception to the learned intermediary doctrine for oral contraceptives. The court held that the manufacturer of an oral contraceptive could not rely on warnings to doctors to satisfy its duty to warn

Product Liability Suits Involving Injury Caused by Altered Product

Products liability is an area of law dealing with personal injuries and property damage caused by products that are defectively designed or manufactured. A manufacturer has a duty to exercise ordinary care in designing and manufacturing a product. A product carries an implied promise that it is safe for its intended use.

DES Litigation

DES (diethylstilbestrol) was prescribed for pregnant women during the 1950s and 1960s to help prevent miscarriages and premature deliveries. Research performed in 1958 concluded that DES did not help to prevent miscarriages or premature births. Nevertheless, physicians continued to prescribe the drug. According to the U.S. Centers for Disease Control and Prevention, an estimated 5 to 10 million people in the United States alone were exposed to DES from 1938 to 1971. This includes pregnant women and their children. A 1971 study indicated that DES was a cause of a rare vaginal cancer in girls and young women who had been exposed to DES before birth. As a result of this study, the U.S. Food and Drug Administration advised physicians in 1971 to stop prescribing DES. Nevertheless, the damage had been done.

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.

Power Window Accidents

Because deaths from power window accidents are relatively rare, car manufacturers argue that the cost using the more expensive switches is not justified by the small number of deaths and injuries. Further, they claim that parents and caregivers are ultimately responsible for supervising their children in cars. Consumer safety groups argue that because the injuries and deaths are readily preventable, the change should be made even if the impact is not broad. Further, they claim that children can be injured even with parental supervision.