The Vioxx Litigation
Part II

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Abstract

Part I of this AEI Working Paper examined the history of Vioxx and asked questions about potential over-deterrence from having manufacturers bear the full measure of the social cost of drugs through strict products liability or failure-to-warn claims in the context of two early lawsuits brought against its maker, Merck. This installment looks at the problems presented by the Vioxx cases for the litigation system as a whole.

Ted Frank is a resident fellow and director of the Liability Project at AEI.

About the Author

 

Ted
Frank
  • Ted Frank is a former resident fellow at AEI. He specialized in product liability, class actions, and civil procedure while at AEI. Before joining AEI, Mr. Frank was a litigator from 1995 to 2005 and clerked for the Honorable Frank H. Easterbrook on the Seventh Circuit Court of Appeals. Mr. Frank has written for law reviews, the Wall Street Journal, the Washington Post, and The American Spectator and has testified before Congress multiple times on legal issues. He writes for the award-winning legal blogs PointOfLaw.com and Overlawyered, and the Wall Street Journal has called him a "leading tort-reform advocate."  Mr. Frank was recently elected to membership in the American Law Institute.
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