SIDE EFFECTS OF DIETHYLSTILBESTROL (DES) FROM THE PERSPECTIVE OF TORT LAW-Reference-Cited by-同舟云学术

SIDE EFFECTS OF DIETHYLSTILBESTROL (DES) FROM THE PERSPECTIVE OF TORT LAW

Published:2020 Issue:12 Volume:73 Page:2946-2950
ISSN:0043-5147
Container-title:Wiadomości Lekarskie
language:en
Short-container-title:Wiad Lek

Author:

Karnaukh Bohdan P.¹,Shymko Artem R.²

Affiliation:

1. YAROSLAV MUDRYI NATIONAL LAW UNIVERSITY, KHARKIV, UKRAINE

2. POLTAVA LAW INSTITUTE OF YAROSLAV MUDRYI NATIONAL LAW UNIVERSITY, POLTAVA, UKRAINE

Abstract

The aim of the article is to analyze the reasoning of the Supreme Court of California in Sindell v. Abbott Laboratories. Materials and methods: Materials of the study encompass US case law as well as case law of other countries concerning compensation of damage caused by defective drugs and other cases of uncertain causation. The survey is conducted within the framework of comparative law studies. In addition, elements of law and economics approach are also employed in the paper. Conclusions: Case of Sindell v. Abbott Laboratories has launched a new direction in discourse on causation in tort law and product liability. The mathematical elegance of the Court's theory is that net burden of liability borne by a particular drug manufacturer is equal to the amount of damage actually caused by its drug.

Publisher

ALUNA

Subject

General Medicine

Reference37 articles.

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2. 2. Van Dam, C. European Tort Law (2nd ed.). Oxford: Oxford University Press, 2013, 324 p.

3. 3. Adeney, E. The Challenge of Medical Uncertainty: Factual Causation in Anglo-Australian Toxic Tort Litigation. Monash University Law Review. 1993; 19:23-67.

4. 4. Franzoni, L.A. Liability Law under Scientific Uncertainty. American Law and Economics Review. 2017; 19:327-360.

5. 5. Graziano, T.K. (2008). 'All or Nothing' or Partial Liability in Cases of Uncertain Causation. European Review of Private Law. 2008; 6:1009-1042.

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