Pharmaceutical product liability in the United States of America

Abstract

Pharmaceutical claims are arguably the most significant type of product liability cases in the United States. Failure to warn is the primary theory used against pharmaceutical manufacturers, and it can be brought under strict product liability or negligence; the standard is essentially the same under either doctrine. In this descriptive overview of United States law, the authors discuss theories of recovery, causation, damages, defences, procedure, and alternative regulations and remedies.