Affiliations: [a] Widener University Commonwealth Law School, Harrisburg, PA 17110, USA | [b] Wake Forest University School of Law, Winston Salem, NC 27109, USA
Correspondence:
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Corresponding author: Christopher J. Robinette, Widener University Commonwealth Law School, 3800 Vartan Way, Harrisburg, PA 17110, USA. Tel.: +1 717 541 3993; E-mail: [email protected].
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.
Keywords: Product liability, pharmaceuticals, failure to warn
