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Unavoidable risk

Article Abstract:

American Medical Systems Inc (AMS) filed a motion to dismiss a product liability case filed against it on the grounds that the device was an unavoidably safe device approved by the FDA. The product was supposed to correct impotence. AMS' reason was based on California's Comment K to 402A of the Restatement (2d) of Torts. The comment says that there are some products that cannot be made totally safe such as drugs. These products are not defective if they come with the proper directions and warnings. The court found out that, although AMS had given directions on how to use the product, it did not carry the proper warnings. Subsequently, the court dismissed AMS' motion.

Surgical appliances and supplies, Cases, Product liability, Medical equipment, Medical equipment and supplies industry, Medical equipment industry, Products liability, American Medical Systems Inc.

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The other way

Article Abstract:

Alternative dispute resolution (ADR) is being encouraged by courts to ease the logjam in court cases. However, to prevent settlements from being affected by temperament and whim, courts instituted rules ordering opposing parties to discuss and agree on a compromise. Unfortunately, ADR programs in certain states have several flaws. Ideally, arbitration should permit both parties to present their cases before a neutral arbiter who is not subject to procedural constraints and evidence that in court, could stop trials.

Analysis, Dispute resolution (Law), Commercial arbitration

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The straight and narrow

Article Abstract:

Many engineers try to find work as independent consultants for lawsuits when they retire. Some of these engineers are outcast from their professional circles because they offer their expertise to parties who have filed lawsuits against their former employers. However, the true measure of legal consultants is their integrity and the quality of their testimony.

Ethical aspects, Engineers, Legal consultants

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