Compensating Pharmaceutical Injuries in the Absence of Fault.

Abstract

Adverse drug events cause significant injuries to consumers. Between half and three-quarters of these injuries are uncompensated under tort law because they are not due to negligence or fraud. This article argues that fundamental fairness and sound economics favor holding manufacturers of pharmaceutical products financially responsible for pharmaceutical injuries unless there is clear fault by another party. It reviews the experience of vaccine and pharmaceutical injury compensation programs internationally. It proposes the creation of an administrative compensation system for the United States that would compensate pharmaceutical injuries.