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Related Experiment Videos

Liability concerns in contraceptive research and development.

S J Segal1

  • 1The Population Council, New York, NY, USA. ssegal@popcouncil.org

International Journal of Gynaecology and Obstetrics: the Official Organ of the International Federation of Gynaecology and Obstetrics
|February 8, 2000
PubMed
Summary

High litigation costs and legal system differences in the US discourage contraceptive development. Product liability claims, especially for women

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Area of Science:

  • Pharmaceutical Law
  • Product Liability
  • Reproductive Health Policy

Background:

  • Manufacturers face significant deterrents to investing in contraceptive research and development.
  • High costs of drug development, elevated insurance premiums, and potential for controversy impact investment decisions.
  • The US legal system's structure contributes to a higher volume and cost of product liability claims compared to Europe.

Purpose of the Study:

  • To analyze the historical context of liability claims against contraceptive products in the US.
  • To identify key factors discouraging investment in contraceptive innovation.
  • To compare the US product liability landscape with European systems, focusing on legal and procedural differences.

Main Methods:

  • Historical review of liability claims and litigation trends in the US.

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  • Comparative analysis of legal system features (judicial roles, attorney compensation, expert testimony) in the US and Europe.
  • Examination of litigation patterns for women's health products versus other pharmaceuticals.

    • Main Results:

    • The history of liability claims is a major disincentive for contraceptive product development in the US.
    • US legal system characteristics, including judge roles and attorney compensation, inflate claim numbers and costs.
    • Women's reproductive health interventions appear subject to distinct legal standards and societal responses.

    Conclusions:

    • Addressing the unique challenges in the US legal environment is crucial for fostering contraceptive innovation.
    • Differences in legal frameworks significantly impact the viability of developing new contraceptive products.
    • The distinct treatment of reproductive health products in litigation warrants further investigation.