Products Liability
| DES Litigation |
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| DES (diethylstilbestrol) was prescribed for pregnant women during the 1950s and 1960s to help prevent miscarriages and premature deliveries. Research performed in 1958 concluded that DES did not help to prevent miscarriages or premature births. Nevertheless, physicians continued to prescribe the drug. According to the U.S. Centers for Disease Control and Prevention, an estimated 5 to 10 million people in the United States alone were exposed to DES from 1938 to 1971. This includes pregnant women and their children. A 1971 study indicated that DES was a cause of a rare vaginal cancer in girls and young women who had been exposed to DES before birth. As a result of this study, the U.S. Food and Drug Administration advised physicians in 1971 to stop prescribing DES. Nevertheless, the damage had been done. More... |
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| Government Contract Defense in Products Liability Lawsuits |
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| Under the doctrine of sovereign or governmental immunity, the government cannot be sued for its actions unless it gives permission. Federal, state and local governments have waived sovereign immunity in some circumstances by statute. For example, the Federal Tort Claims Act permits a lawsuit against the federal government for damages resulting from the negligent or intentional injury by a federal employee acting in the scope of his/her job.
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| The Transportation Recall Enhancement, Accountability, and Documentation Act of 2000 |
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| The National Highway Transportation Safety Administration (NHTSA), a branch of the Department of Transportation (DOT), has adopted safety standards for motor vehicles and conducts safety research and development. Under the National Traffic and Motor Vehicle Safety Act (Vehicle Safety Act), which was later repealed and reenacted as the National Highway Traffic Safety Administration Authorization Act of 1991, vehicle manufacturers must notify the NHTSA and vehicle owners when the manufacturer learns (or should have learned) of any safety-related defects in its vehicles. The defects have to be repaired without charge to the owners. Safety-related defects are those that create an unreasonable risk of accidents. If the DOT Secretary finds a safety-related defect, administrative action can be taken ordering the manufacturer to take remedial action. Most motor vehicle recalls have been voluntary. More... |
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| Product Liability Reform Legislation |
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| Product liability laws were created to protect consumers from unreasonably dangerous and unsafe products. The strict liability, or no-fault, standard used in product liability actions imposes liability on manufacturers and sellers without any evidence of fault. This standard benefits consumers because it encourages manufacturers to take caution in designing and manufacturing products and encourages sellers to take caution in deciding what to sell.
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| Sudden Car Acceleration and Product Liability |
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| Sometimes automobiles unexpectedly accelerate out of control, causing serious accidents and deaths. In the past, the National Highway Traffic Safety Administration (NHTSA) has attributed this problem to driver error - the driver hitting the gas instead of the brake by accident. However, recent studies have provided evidence that driver error may not be to blame. Instead, defective design may be to blame. As a result of the evidence suggesting design defect as the cause of sudden acceleration, the NHTSA has decided to investigate the problem again to determine what causes sudden acceleration.
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