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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' …
Reforms In Medical Device Regulation: An Examination Of The Silicone Gel Breast Implant Debacle, Rebecca Vveisman
Reforms In Medical Device Regulation: An Examination Of The Silicone Gel Breast Implant Debacle, Rebecca Vveisman
Golden Gate University Law Review
This article will consider the regulatory policies of the FDA in protecting the health of the nation's women, particularly its handling of silicone gel breast implants and its policing of the leading implant manufacturer, Dow Corning Corporation. While this article recognizes the various difficult problems which the FDA must address in protecting consumers from unsafe food, drugs, and medical devices, it also recognizes the need for reform. This article will describe what resulted from the tragedies of diethylstilbestrol (DES) and the Dalkon Shield. With these failures in mind, this article will examine present FDA policies, describe social forces outside of …
Survey: Women And California Law, Linda C. Kramer, T. A. Graudin, Donna Cobe Beekman, Kathy A. Alfieri
Survey: Women And California Law, Linda C. Kramer, T. A. Graudin, Donna Cobe Beekman, Kathy A. Alfieri
Golden Gate University Law Review
This survey of California law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A briefanalysis of the issues pertinent to women raised in each case is provided.
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 …
Federal Practice And Procedure
Federal Practice And Procedure
Golden Gate University Law Review
No abstract provided.
Beyond The Dalkon Shield: Proving Causation Against Iud Manufacturers For Pid Related Injury, Leslie Ellen Tick
Beyond The Dalkon Shield: Proving Causation Against Iud Manufacturers For Pid Related Injury, Leslie Ellen Tick
Golden Gate University Law Review
Intrauterine devices (IUDs)! have been linked to a wide variety of injuries to women, ranging from severe cramping, to spontaneous abortion, to sterility, to death. This Comment will focus on the problem of proving that scarring of the fallopian tubes, resulting in sterility or partial sterility, is causally linked to use of the IUD, and therefore, a provable element in a plaintiff's cause of action against a manufacturer for such injuries.
Sindell V. Abbott Laboratories: A New Avenue For Des Litigation, Michael H. Wells
Sindell V. Abbott Laboratories: A New Avenue For Des Litigation, Michael H. Wells
Golden Gate University Law Review
No abstract provided.