Newsletters

Drug Manufacturer Voluntarily Withdraws Vioxxr from the Market

In 1999, the Food and Drug Administration (FDA) approved Vioxx(r), an anti-inflammatory drug used to treat osteoarthritis symptoms, pain in adults, and menstrual symptoms. The FDA subsequently approved Vioxx(r) for rheumatoid arthritis in adults and children. The drug was widely prescribed for pain relief, accounting for $2.5 billion in yearly sales for Merck & Co., the manufacturer of the drug. It is estimated that more than 20 million U.S. patients had taken Vioxx(r) since it was approved.

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.

Criminal Sanctions against Companies for Defrauding the Government and Selling Adulterated Foods and Drugs

Federal law prohibits a company, its officers, or its management from making false statements to the federal government or defrauding the government. In addition, various laws allow federal agencies to ask the U.S. Attorney General to bring criminal prosecutions against companies, their officers, or their management.

Product Liability Law and the Reasonable Design Alternative Test

In many product liability cases, the plaintiff alleges that a design defect was responsible for the injuries incurred. For example, in a product liability case alleging that a car's gas tank exploded in rear-end collisions, the plaintiff would allege that the car was defectively designed. In these types of cases, some courts have established a "reasonable design alternative" test. Under this test, a product is defective in design when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design by the seller or other distributor and the omission of the alternative design renders the product not reasonably safe.

Limiting Consumers' Recovery in Products Liability Lawsuits

Strict products liability is a legal doctrine that imposes liability for personal injury and property damage caused by defectively designed or manufactured products. The manufacturer or seller of such products is held responsible if the product injures a consumer who buys or uses the product.