Killing The Golden Goose

Law360, New York (May 2, 2011, 12:56 PM EDT) -- We've been vigilant opponents of plaintiffs who would impose new duties upon drug and device companies with respect to products still in the development pipeline. If plaintiffs are granted access to experimental drugs and devices on the grounds that the risks of using unproven products become irrelevant when no other alternatives exist, we argued that the next step would see our clients being sued to force them to provide such products.

Thus, we were extremely skeptical of the attempt back in 2007 to create a "constitutional...
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