Geoffrey A. Manne on California “Duty to Innovate” Drug Liability Case
Drug & Device Law
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A post published by Drug & Device Law on the California Supreme Court case Gilead Tenofovir Cases quotes an ICLE amicus brief by ICLE President Geoffrey A. Manne, Director of Innovation Policy Kristian Stout, and Jeremy Kidd on whether pharmaceutical companies can face liability for not developing or releasing allegedly safer alternative drugs. The piece discusses how the case could affect incentives for pharmaceutical innovation and future drug development. Read the full piece here.
The International Center for Law & Economics argued in its amicus brief that the Court of Appeal’s rule effectively “imposes unlimited liability” by eliminating the defect requirement that has long served as a cornerstone of product liability law.