Smoke detectors are invaluable in saving lives. It is estimated that three-fifths of all deaths from home fires occurred in homes without smoke detectors. But what happens when a smoke detector fails to alert residents of the presence of smoke? Who is responsible for smoke detector failure?
Choking is the leading cause of toy-related deaths. In fact, over a third of toy-related deaths are due to choking. The majority of toy-related choking deaths are caused by small balls and latex balloons. Children under age three are at higher risk for choking deaths because their airways are smaller than those of older children and because they have a tendency to put toys in their mouths.
Cigarettes, cigars, and chewing tobacco are all tobacco products. Smoking has been linked to lung cancer, emphysema, heart disease, and other serious illnesses. Cigarette smoking by pregnant women increases the risk of birth defects, and exposure to second-hand smoke can lead to serious diseases. Chewing tobacco has been linked to oral cancer.
In 1985, the Massachusetts Supreme Court carved out an exception to the learned intermediary doctrine for oral contraceptives. The court held that the manufacturer of an oral contraceptive could not rely on warnings to doctors to satisfy its duty to warn
The U.S. Food and Drug Administration (FDA) regulates prescription drugs and medical devices. Physicians frequently prescribe approved drugs for uses that have not been approved by the FDA. This practice is referred to as off-label use. The FDA prohibits manufacturers from promoting off-label use. However, manufacturers indirectly promote the off-label use of their products in a variety of ways.
