Accounting for Prescription Drugs’ Unforeseen Risks: A Regulatory Alternative to Tort Liability

DSpace/Manakin Repository

Accounting for Prescription Drugs’ Unforeseen Risks: A Regulatory Alternative to Tort Liability

Show simple item record

dc.contributor.advisor Peter Hutt en_US
dc.contributor.author Horowitz, Haley
dc.date.accessioned 2012-12-07T15:24:55Z
dc.date.issued 2009
dc.identifier.citation Haley Horowitz, Accounting for Prescription Drugs’ Unforeseen Risks: A Regulatory Alternative to Tort Liability (May 2009). en_US
dc.identifier.uri http://nrs.harvard.edu/urn-3:HUL.InstRepos:10015295
dc.description.abstract In the context of prescription drugs, tort law is traditionally understood to providing added incentive for drug manufacturers to adhere to regulations of the Food and Drug Administration (FDA) and to account for risks unknown at the time of regulation. However, holding drug manufacturers liable for risks that were unforeseen at the time of FDA approval may lead to a suboptimally high level of risk avoidance. On the other hand, preemption of all tort liability would eliminate valuable incentives created by the tort system for the on-going, post-market monitoring of prescription drugs. I therefore propose an alternate system that would harness the resources of the private sector to invest the optimal amount in researching prescription drugs’ risks and makes this information available to the parties best suited to weigh any newly discovered risks, without holding manufacturers liable for these risks in such a way as to distort the FDA’s social utility determination. en_US
dash.license LAA
dc.subject.other Food and Drug Law en_US
dc.title Accounting for Prescription Drugs’ Unforeseen Risks: A Regulatory Alternative to Tort Liability en_US
dc.type Paper (for course/seminar/workshop) en_US
dc.date.available 2012-12-07T15:24:55Z

Files in this item

Files Size Format View
Horowitc, Hayley-2009 Course Paper.pdf 48.66Kb PDF View/Open
Horowitc, Hayley-2009 Course Paper.2.pdf 250.6Kb PDF View/Open

This item appears in the following Collection(s)

Show simple item record

 
 

Search DASH


Advanced Search
 
 

Submitters