Toxic Shock Syndrome Litigation

Toxic Shock Syndrome (TSS) is a serious, sometimes fatal disease, caused by a toxin produced by certain types of bacteria. TSS first emerged in the late 1970s and early 1980s. It showed up in women using highly absorbent menstrual tampons. The symptoms of the disease include high fever, a red rash, muscle ache, nausea, vomiting and/or diarrhea, seizures, headache, and organ failure. Studies by the Center for Disease Control and by several state health departments show that a statistically significant link exists between tampon use and TSS. Certain brands of super-absorbent tampons were withdrawn from the market in the 1980s.

Damages Awarded in Products Liability Lawsuits

Courts award damages to pay back a person for loss or harm resulting from injuries caused by a defective product. The trier of fact (the jury in a jury trial or the judge in a bench trial) decides the amount of damages. The trier of fact has broad discretion in setting the amount of damages. The following are some of the factors considered in making an award: the injury, the need for future treatment, any disability, pain and suffering, age, occupation, and pre-injury health. A person's life expectancy is also considered if the injury is permanent.

U.S. Food and Drug Administration Regulation of Direct-to-Consumer Advertising of Prescription Drugs

The U.S. Food and Drug Administration (FDA) has authority to regulate prescription drug advertising. FDA regulations prohibit false or misleading advertising of prescription drugs. In 1997, the FDA adopted special guidelines for advertising prescription drugs through broadcast media.

Learned Intermediary Doctrine and Oral Contraceptives

In 1985, the Massachusetts Supreme Court carved out an exception to the learned intermediary doctrine for oral contraceptives. The court held that the manufacturer of an oral contraceptive could not rely on warnings to doctors to satisfy its duty to warn

Breast Implant Litigation

Silicone breast implants were developed in the 1960s. They have been used for breast reconstruction (about 15 percent of implant procedures, as estimated by the U.S. Food and Drug Administration) and breast enhancement (about 85 percent of implant procedures, as estimated by the FDA).