Product liability thalidomide

Since the early 1980s, thousands of pharmaceutical product liability cases have been brought against the manufacturers of DES. These plaintiffs had a stronger strict liability design defect claim than those for thalidomide because DES, marketed to prevent miscarriages, had no demonstrable... 

Although drug manufacturer liability under a theory of design defect products tort was relatively easy to prove, especially in courts adopting the Barker risks benefits test, some DES plaintiffs were barred from recovery by limitations placed on the unborn plaintiff liability doctrine that originated with the thalidomide cases. While thalidomide s teratogenicity affected only fetuses exposed... 

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