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Full-Text Articles in Law

Fda Approval Of Drugs And Devices: Preemption Of State Laws For “Parallel” Tort Claims, Marcia Boumil Jan 2015

Fda Approval Of Drugs And Devices: Preemption Of State Laws For “Parallel” Tort Claims, Marcia Boumil

Journal of Health Care Law and Policy

The U.S. Supreme Court’s important ruling in Mutual Pharmaceutical Co., Inc. v. Bartlett concerns whether the Food and Drug Administration’s (“FDA”) approval of a generic drug insulates the drug manufacturer from liability under state tort laws from claims of injury due to an alleged “design defect.” The Court previously ruled that FDA approval does not preempt state law claims based upon failure-to-warn, at least with respect to brand name products. In contrast, the Court previously ruled that the federal regulatory process leading to FDA approval of generic equivalents of brand drugs—and designation of the drug label—does preempt state law as …


Altered Standards Of Care: Needed Reform For When The Next Disaster Strikes, Rebecca Mansbach Jan 2011

Altered Standards Of Care: Needed Reform For When The Next Disaster Strikes, Rebecca Mansbach

Journal of Health Care Law and Policy

No abstract provided.


Reforming Public Interest Tort Law To Redress Public Health Epidemics, Michael L. Rustad, Thomas H. Koenig Jan 2011

Reforming Public Interest Tort Law To Redress Public Health Epidemics, Michael L. Rustad, Thomas H. Koenig

Journal of Health Care Law and Policy

No abstract provided.


Double Helix, Double Standards: Private Matters And Public People, Teneille R. Brown Jan 2008

Double Helix, Double Standards: Private Matters And Public People, Teneille R. Brown

Journal of Health Care Law and Policy

No abstract provided.


Against Genetic Exceptionalism: An Argument In Favor Of The Viability Of Preconception Genetic Torts, Daniel S. Goldberg Jan 2007

Against Genetic Exceptionalism: An Argument In Favor Of The Viability Of Preconception Genetic Torts, Daniel S. Goldberg

Journal of Health Care Law and Policy

No abstract provided.