Expanded Liability Exposure for Drug and Medical Device Manufacturers: Uninjured Plaintiffs Seek Recovery for 'Artificially Inflated Prices' or Other Relief

When a patient files a lawsuit against a drug or medical device company, it is typically based on product liability allegations that the pharmaceutical product caused physical injury. In recent years, however, patients are asserting violations of state consumer fraud or unfair trade practices acts in addition to product liability claims. The benefit of doing so is clear. These claims, if successful, allow enhanced recovery of treble damages, attorneys' fees, court costs and fees.

31 minute readDecember 02, 2005 at 10:35 AM
By
D. Jeffrey Campbell, Linda Pissott Reig
John W. Leardi
Expanded Liability Exposure for Drug and Medical Device Manufacturers: Uninjured Plaintiffs Seek Recovery for 'Artificially Inflated Prices' or Other Relief

When a patient files a lawsuit against a drug or medical device company, it is typically based on product liability allegations that the pharmaceutical product caused physical injury. In recent

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