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The Role Of Litigation In The Fight Against Prescription Drug Abuse, Richard C. Ausness
The Role Of Litigation In The Fight Against Prescription Drug Abuse, Richard C. Ausness
Law Faculty Scholarly Articles
Prescription drug abuse problems have prompted a number of responses by both drug users (and abusers) and by various federal and state government agencies.
Part I of this Article examines the impressive array of liability theories that individual litigants have relied upon in their lawsuits against Purdue. These theories include: negligence; strict products liability, including design defect and inadequate warning claims; breach of the implied warranty of merchantability; violation of state consumer protection statutes; negligent marketing; fraudulent misrepresentation; civil conspiracy; and "malicious conduct." Purdue, the company that developed OxyContin, has pursued an aggressive "no settlement" policy and has chosen to …