Liability clause in free-speech cases?

Share this article:

Recent First Amendment-related court decisions have opened the door to increased state tort product liability lawsuits that previously foundered because of FDA's strict authority over industry activity, according to a Washington Legal Foundation working paper.

While the Caronia and Sorrell decisions recognized due process and First Amendment protections for drug and medical device marketers' information dissemination, they have also invited new theories and approaches to state tort liability challenges, declares author and Strasburger & Price partner Michael A. Walsh in the paper.

“The emerging tort claims may be poorly fashioned and are initially being dismissed, but plaintiffs' lawyers will adapt and continue to advance more sophisticated pleadings,” Walsh says. “It will be years before this area of the law is settled.”

Walsh notes that the issue that has not yet been decided is whether the courts will recognize “intent” as a determination that is solely within FDA's expertise to determine.
Share this article:
You must be a registered member of MMM to post a comment.

Next Article in Features

Email Newsletters

MM&M Future Leaders

Register now

Early bird $1,950 before 31 October 2014

*Group discounts available on request 


Patient access to pharmaceuticals is a tale of two worlds—affordability has improved for the majority, while the minority is hampered by cost, distribution and red tape. To provide marketers with a well-rounded perspective, MM&M presents this e-book chock full of key insights. Click here to access it.

More in Features

Headliner: HealthSpot's teleconnected CEO

Headliner: HealthSpot's teleconnected CEO

Steve Cashman, Founder and CEO, HealthSpot

Recruitment: The New Breed

Recruitment: The New Breed

What do healthcare agencies really want when it comes to potential employees? The answer to that question is in a constant state of flux, as technologies, clients' changing demands and ...

Read the complete September 2014 Digital Edition

Read the complete September 2014 Digital Edition

Click the above link to access the complete Digital Edition of the September 2014 issue of MM&M, with all text, charts and pictures.