The learned intermediary doctrine and direct-to-consumer advertising of prescription drugs

Article Abstract:

The authors discuss the learned intermediary doctrine defense, which proved that makers for prescription drugs and medical devices fulfill their duty of care to patients by providing warnings to the prescribing physicians. Topics include the treatment of the doctrine in the Third Restatement of Torts and FDA guidelines on direct broadcast advertising to consumers.

Pharmaceutical Preparation Manufacturing, Pharmaceutical preparations, Drugs, Pharmaceutical industry, Advertising, Medical malpractice, Failure to warn (Law), Pharmacists

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Parent corporation liability under CERCLA

Article Abstract:

The author discusses the U.S. Supreme Court 1998 case United States v. Best Foods where the court addresses the conflict in the circuit courts concerning the liability of parent corporations for environmental damages caused by subsidiary corporations under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

Cases, Affiliated corporations, Corporations, Tort liability, Case Note, Toxic torts, Tort liability of corporations

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The Biomaterials Access Assurance Act of 1998 and corporate supplier liability: Who you gonna sue?

Article Abstract:

The author provides an overview of the Biomaterials Access Assurance Act of 1998 and discusses the common law doctrine that protects suppliers of component parts for medical devices from products liability lawsuits and FDA regulation. Suits over implants used to treat temporomandibular joint syndrome are also discussed.

Care and treatment, Temporomandibular joint disorders, Biomedical materials, Biomaterials

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