Products That Pose Health Risks—Can Litigation Protect Us When Government Fails?

Avorn J - New England Journal of Medicine

  • Regulation and Clinical Evidence

Summary:

Drawing parallels among recent social media judgments against Meta and YouTube, the Vioxx litigation against Merck, and the 1990s tobacco settlements, the author argues that when Congress and regulators fail to act on clear evidence of harm, lawsuits brought by victims and state attorneys general can force accountability and spur reform. He cautions that juries can sometimes err in assigning blame, but concludes that litigation can serve as a last-resort layer of protection when the usual legislative and regulatory processes fall short.

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