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How Many Times Must The Question Be Answered? The Application Of The Learned Intermediary Doctrine In The Norplant Contraceptive Products Liability Litigation, Stacey Leffler Ravetta
How Many Times Must The Question Be Answered? The Application Of The Learned Intermediary Doctrine In The Norplant Contraceptive Products Liability Litigation, Stacey Leffler Ravetta
Golden Gate University Law Review
This Note begins with a general discussion of failure to warn causes of action and the application of the learned intermediary doctrine thereto. Further, Part II discusses cases essential to understanding the background of the Norplant Litigation. Next, Parts III and IV explain the facts and procedural history underlying the Norplant Litigation. Part V first examines the federal district court's analysis of the case. It then discusses the Fifth Circuit's analysis of the federal district court's summary judgment ruling in AHP's favor. Part VI examines the federal district court's pivotal decision to apply the learned intermediary doctrine to the plaintiffs' …
Strict Liability For Prescription Drugs: Which Shall Govern-Comment K Or Strict Liability Applicable To Ordinary Products?, Charlotte Smith Siggins
Strict Liability For Prescription Drugs: Which Shall Govern-Comment K Or Strict Liability Applicable To Ordinary Products?, Charlotte Smith Siggins
Golden Gate University Law Review
This Comment will review the history of strict products liability and the policies which have shaped its development. It will examine the state of the law today regarding strict liability for harm caused by prescription drugs, and demonstrate that comment k should continue to govern prescription drugs. Furthermore, it will point out that sound reasoning and public policy dictate that the modified strict products liability of comment k, rather than ordinary strict products liability, is the appropriate theory to establish liability for prescription drugs; it is also the method most beneficial to society's needs. Finally, this Comment will predict how …