Details

Autor(en) / Beteiligte

• Lasker, Eric G
• Klein, Stephen A
• Barago, Tamara Fishman

Titel

Taking the “Product” Out of Product Liability: Litigation Risks and Business Implications of Innovator and Co-Promoter Liability

Ist Teil von

• Defense counsel journal, 2015-07, Vol.82 (3), p.295-308

Ort / Verlag

Chicago: International Association of Defense Counsels

Erscheinungsjahr

2015

Quelle

BSC - Ebsco (Business Source Ultimate)

Beschreibungen/Notizen

• Two emerging theories of liability, so-called "innovator liability" and "co-promoter liability," aim to hold a non-manufacturer responsible for injuries caused by another company's product. Under innovator liability, a pharmaceutical manufacturer may be liable for injuries caused by a competitor's generic version of its brand drug based on its supposed responsibility for the drug's prescribing information. Under co-promoter liability, a company that contracts to market another manufacturer's pharmaceutical product may be liable based solely on its marketing activities. This article explores the theories underlying these novel sources of liability and proposes business strategies to consider that could help mitigate these emerging risks. Innovator liability and co-promoter liability both seek to hold liable a company that did not manufacture, distribute, or sell the product that allegedly caused the plaintiff's injuries. While neither theory has garnered majority support as yet, proponents of each have established important beachheads that present substantial litigation risks to pharmaceutical companies. These emerging theories of liability should be factored into future business planning.