Issues in Medical Products Liability

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THE MEDICAL COMMUNITY is threatened by what Peter Huber has called the liability industry, said Roger Fine, vice president of administration at Johnson & Johnson, at the FOJP Service Corp.'s 10th Annual Conference on Medical Malpractice. "From the medical products manufacturer's point of view, the current system is a feeding frenzy. The system should be encouraging innovation, research and the development of new products and services for the betterment of humankind," he said. "Instead, the industry is spending time learning how to protect itself from the threat of lawsuits."

However, Alvin Gordon, an attorney with the law firm of Julien & Schlesinger, said that from the plaintiff's point of view, medical products manufacturers and health care providers often create the circumstances that expose them to the risk of liability. "Manufacturers have an obligation to know their product and warn the medical community and patients about any potential dangers," he said. "As a result, it's important for the manufacturer to keep on top of current knowledge about its product through medical …