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Unavoidably Unsafe Products and Strict Products Liability: What Liability Rule Should Be Applied to the Sellers of Pharmaceutical Products? Richard C
Kentucky Law Journal Volume 78 | Issue 4 Article 3 1990 Unavoidably Unsafe Products and Strict Products Liability: What Liability Rule Should be Applied to the Sellers of Pharmaceutical Products? Richard C. Ausness University of Kentucky Follow this and additional works at: https://uknowledge.uky.edu/klj Part of the Consumer Protection Law Commons, and the Food and Drug Law Commons Right click to open a feedback form in a new tab to let us know how this document benefits you. Recommended Citation Ausness, Richard C. (1990) "Unavoidably Unsafe Products and Strict Products Liability: What Liability Rule Should be Applied to the Sellers of Pharmaceutical Products?," Kentucky Law Journal: Vol. 78 : Iss. 4 , Article 3. Available at: https://uknowledge.uky.edu/klj/vol78/iss4/3 This Article is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky Law Journal by an authorized editor of UKnowledge. For more information, please contact [email protected]. Kentucky Law Journal Volume 78 1989-90 Number 4 Unavoidably Unsafe Products and Strict Products Liability: What Liability Rule Should be Applied to the Sellers of Pharmaceutical Products? BY RICHARD C. AusNEss* Table of Contents INTRODUCTION ....................................... 706 I. OVERVIEW ................................ 709 A. Strict Products Liability .............................. 709 B. Comment K and "Unavoidably Unsafe" Products ................................................... 712 II. COM[ENT K's LIABILITY REGm .......................... 719 A. Risks Associated with the Production Process. 720 B. Risks Arising from the Inherent Nature of a Product .................................................... 723 C. Risks Created by Conscious Design Choices .... 726 D. Scientifically Unknowable Risks ................... 731 E. -
Medtech Companies
VOLUME 5 2020 Medtech Companies Exclusive Distribution Partner Medtech needs you: focused partners. Medical Technology Expo 5 – 7 May 2020 · Messe Stuttgart Enjoy a promising package of benefits with T4M: a trade fair, forums, workshops and networking opportunities. Discover new technologies, innovative processes and a wide range of materials for the production and manufacturing of medical technology. Get your free ticket! Promotion code: MedtechZwo4U T4M_AZ_AL_190x250mm_EN_C1_RZ.indd 1 29.11.19 14:07 Medtech Companies © BIOCOM AG, Berlin 2020 Guide to German Medtech Companies Published by: BIOCOM AG Luetzowstrasse 33–36 10785 Berlin Germany Tel. +49-30-264921-0 Fax +49-30-264921-11 [email protected] www.biocom.de Find the digital issues and Executive Producer: Marco Fegers much more on our free app Editorial team: Sandra Wirsching, Jessica Schulze in the following stores or at Production Editor: Benjamin Röbig Graphic Design: Michaela Reblin biocom.de/app Printed at: Heenemann, Berlin Pictures: Siemens (p. 7), Biotronik (p. 8), metamorworks/ istockphoto.com (p. 9), Fraunhofer IGB (p. 10) This book is protected by copyright. All rights including those regarding translation, reprinting and reproduction reserved. tinyurl.com/y8rj2oal No part of this book covered by the copyright hereon may be processed, reproduced, and proliferated in any form or by any means (graphic, electronic, or mechanical, including photocopying, recording, taping, or via information storage and retrieval systems, and the Internet). ISBN: 978-3-928383-74-5 tinyurl.com/y7xulrce 2 Editorial Medtech made in Germany The medical technology sector is a well-established pillar within the healthcare in- dustry in Germany and one of the major drivers of the country’s export-driven eco- nomic growth. -
05/01/02 Louisiana Medicaid Management
APPENDIX C 05/01/02 LOUISIANA MEDICAID MANAGEMENT INFORMATION SYSTEM PAGE 1 DEPT OF HEALTH AND HOSPITALS - BUREAU OF HEALTH SERVICES FINANCING LOUISIANA MEDICAID PHARMACY BENEFITS MANAGEMENT UNIT ONLY THESE COMPANIES PRODUCTS ARE COVERED AND ONLY THOSE DOSAGE FORMS LISTED IN APPENDIX A. MEDICAID DRUG FEDERAL REBATE PARTICIPATING PHARMACEUTICAL COMPANIES LABELER PHARMACEUTICAL COMPANY EFFECTIVE END DATE CODE DATE 00002 ELI LILLY & CO 04/01/91 00003 E.R.SQUIBB & SONS,INC 04/01/91 00004 HOFFMAN-LA ROCHE,INC 04/01/91 00005 LEDERLE LABORATORIES AMERICAN CYANAMID 04/01/91 00006 MERCK SHARP & DOHME 04/01/91 00007 SMITHKLINE BEECHAM CORPORATION 04/01/91 00008 WYETH LABORATORIES 04/01/91 00009 THE UPJOHN COMPANY 04/01/91 00011 BECTON DICKINSON MICROBIOLOGY SYSTEMS 10/01/91 07/01/98 00013 ADRIA LABORATORIES DIV.OF ERBAMONT,INC 04/01/91 00014 G.D.SEARLE & CO 04/01/91 01/01/01 00015 MEAD JOHNSON & COMPANY 04/01/91 00016 KABI PHARMACIA 04/01/91 00021 REED & CARNRICK 10/01/96 01/01/97 00023 ALLERGAN,INC 04/01/91 00024 WINTHROP PHARMACEUTICALS 04/01/91 00025 G.D.SEARLE & CO 04/01/91 00026 MILES INC.,PHARMACEUTICAL DIVISION 04/01/91 00028 GEIGY PHARMACEUTICALS 04/01/91 00029 SMITHKLINE BEECHAM CORPORATION 04/01/91 00031 ROBINS,A.H. 04/01/91 00032 SOLVAY PHARMACEUTICALS 04/01/91 00033 SYNTEX 04/01/91 00034 THE PURDUE FREDERICK COMPANY 04/01/91 00037 CARTER-WALLACE,INC 04/01/91 00038 STUART PHARMACEUTICALS,ICI AMERICAS INC 04/01/91 07/01/01 00039 HOECHST-ROUSSEL PHARMACEUTICALS INC 04/01/91 00043 SANDOZ CONSUMER CORPORATION 04/01/91 00044 KNOLL PHARMACEUTICALS -
Pfizer's Bourla
No. 3985 December 13, 2019 line success and business development. “In the next two years, we need to see how the pipeline is delivering,” he said. Bourla has been outspoken that when it comes to business development, he doesn’t see a mega-merger on the hori- zon. Instead, he said he is looking to bring in mid-stage clinical development assets to complement the internal pipeline. It sounds like investors can expect the company to be active on the business development front within those guard- rails. “I want to double it,” he said of the pipeline, which includes 92 projects right now. “And, we are going to double it by bringing in a lot of innovation to comple- ment what we distribute.” The company is focusing business de- velopment on six core therapeutic areas Pfizer’s Bourla: “I Think We Forgot as well, but Bourla indicated the company will be actively building out those areas both through internal investment and What It Looks Like To Grow” external collaboration. “We’re going to be JESSICA MERRILL [email protected] active because Pfizer is a very big plane and it cannot fly with one engine,” he said. fizer Inc. CEO Albert Bourla took in July it will merge the Upjohn business Bourla highlighted Pfizer’s recent acqui- over the top leadership spot from with Mylan NV to form a new generic drug sition of the cancer specialist Array Bio- PIan Read a year ago, but has quickly company to be called Viatris GMBH. Pharma for $11.4bn as an example of the executed on big changes poised to make The resulting Pfizer will be significantly kinds of deals the company will be pursu- Pfizer significantly smaller and faster smaller, with a 2020 annual revenue base ing. -
Acme United Corp. (ACU)
Acme United Corp. (ACU) Acme United Corporation is an innovative supplier of cutting devices, measuring instruments and safety products for school, home, office, industrial and hardware use. The company has facilities in the United States, Canada, Germany, Hong Kong and China. Acme United’s products are organized under four global brands: Westcott, Clauss, Camillus and PhysiciansCare, all of which serve a growing customer base that includes the world’s premier retailers and merchandisers. Update Report – May 26, 2011 Investment Highlights Symbol: ACU Industry: Office Supplies 9 Acme United acquired The Pac-Kit Safety Market: NYSE Amex Equipment Company late February 2011, a leading Recent Price: $9.40 manufacturer of first aid kits for the industrial, safety, transportation and marine markets. Pac-Kit is expected 52-Week Price Range: $6.53 - $13.04 to contribute between $4 and $4.5 million in sales and Market Cap: approx. $29.19 million between $100,000 and $150,000 in earnings for fiscal year 2011. Acme United Corp. 60 Round Hill Road 9 For the first quarter of 2011, ended March 31, Acme reported sales of $14.4 million, compared to Fairfield, CT 06824 $13.1 million in the first quarter of 2010, an increase of Phone: (203) 254-6060 10%. Every business unit had sales growth in Q1. Net http://www.acmeunited.com income was $120,000 or $.04 per diluted share for the quarter ended March 31, 2011 compared to $214,000 or $.07 per diluted share for the comparable period last year. This decline is both the result of lower gross margins and the one-time Pac-Kit acquisition costs. -
Sponsor List
UVMClick Sponsor List Please contact SPA at [email protected] to update the Sponsor List last updated August 24, 2021 Is Publicly Sponsor Name Sponsor Type Is Foreign Vermont Sponsor Federal Agency Active Abbreviation Last Modified Date Sponsor ID Traded 106 Associates Industry no no Vermont Sponsor yes 106 Friday, January 29, 2021 12:35:03 PM 3385 3M Company Industry no yes yes 3M Company Friday, January 29, 2021 12:32:32 PM 2877 3M Pharmaceuticals Industry no yes yes 3M Pharmac Friday, January 29, 2021 12:39:23 PM 4188 835 Hinesburg Road, LLC Industry no no Vermont Sponsor yes 835 Friday, January 29, 2021 12:32:33 PM 3386 A Territory Resource Foundation no no yes A.T.R. Friday, January 29, 2021 12:34:11 PM 3805 A&C Realty LLC. Industry no no Vermont Sponsor yes A&C Realty Friday, January 29, 2021 12:40:28 PM 60 AAA Foundation for Traffic Safety Foundation no no yes AAAFDN Friday, January 29, 2021 12:36:49 PM 3806 AALV/New Farms for New Americans Foundation no no Vermont Sponsor yes AALV/New FFriday, January 29, 2021 12:32:25 PM 5154 Aarhus University Hospital Foundation yes no yes Aarhus Uni Friday, January 29, 2021 12:34:23 PM 5172 AARP Foundation no no yes AARP Friday, January 29, 2021 12:40:40 PM 2742 AARP Andrus Foundation Foundation no no yes AARPAF Friday, January 29, 2021 12:36:35 PM 3807 Abalone Bio Industry no no yes Abalone Bi Friday, January 29, 2021 12:37:14 PM 5178 Abbott Laboratories Fund Industry no yes yes Abbott Friday, January 29, 2021 12:32:46 PM 309 Abbott Nutrition Industry no yes yes Abbott Nut Friday, January 29, 2021 12:38:44 PM 5219 Abbott Vascular Industry no yes yes Abbott Vas Friday, January 29, 2021 12:35:57 PM 4192 AbbVie Inc. -
(ACU) Company Report – November 14, 2015 Acme United Corporation Is a Worldwide Supplier of Cutting Devices
Smallcaps Investment Research Acme United Corp. (ACU) Company Report – November 14, 2015 Acme United Corporation is a worldwide supplier of cutting devices, measuring instruments and first-aid products for school, home, office, industrial and hardware use. In the third quarter, ended September 30, 2015, Acme United achieved record back-to- school sales and record earnings. In addition, the Company is on course for a new annual sales and earnings record in 2015. Also 2016 looks very promising. The full optimization of the Company’s three first aid brands, will lead to cost savings of up to $1 million in 2016 and beyond. We also foresee plenty of growth for Acme’s other brands. Camillus, for example, is gaining market share with its knives, and camping & hunting gear. At Clauss, a number of market tests with large retail chains are ongoing with strong results so far. As for Westcott, we should start to see the full impact of the large Office Depot/Office Max scissors account for North America that Acme picked up a couple of months ago. Based on our outlook and calculations, we reiterate our buy recommendation for Acme United Corp. with a price target of $28.67, which is 68% above today’s stock price. The decline of the Canadian dollar and euro versus the U.S. dollar has stopped in recent months. Both segments are reducing costs with suppliers, trimming expenses, and increasing their selling prices to somewhat regain their margins. All these efforts should start to have a positive impact. The Cuda fishing tools brand has launched an entire line for fresh water fishing. -
I4i Makes the Patent World Blind Michael J
COMMENTS i4i Makes the Patent World Blind Michael J. Conway† All patents receive a presumption of validity pursuant to 35 USC § 282. Courts have traditionally put this presumption into practice by requiring inva- lidity to be established by clear and convincing evidence. The Supreme Court reaffirmed this understanding of the presumption in Microsoft Corp v i4i Ltd Partnership. District courts have divided, however, on whether to require clear and con- vincing evidence when the challenger seeks to invalidate a patent for covering inel- igible subject matter. The conflict originates from a concurrence written by Justice Stephen Breyer in i4i, in which he stated that a heightened standard of proof—like the clear and convincing standard—can apply only to issues of fact, not issues of law. Because subject-matter eligibility has traditionally presented an issue of law, some courts hold that subject-matter-eligibility challenges cannot be subjected to the clear and convincing standard. Other courts agree with that sentiment but would apply the clear and convincing standard to resolve any underlying issues of fact. Still others maintain that subject-matter-eligibility challenges must be estab- lished by clear and convincing evidence. This Comment resolves this ambiguity by showing that subject-matter- eligibility challenges must be established by clear and convincing evidence. It com- pares subject-matter-eligibility challenges to two other patent validity challenges: the on-sale bar and nonobviousness. These two comparisons show that patent law has consistently failed to confine the clear and convincing standard to issues of law. In fact, the standard has been imposed without regard for the distinction be- tween issues of law and fact. -
Eric M. White, O.D., Inc
ERIC M. WHITE, O.D., INC . 5075 Ruffin Road Suite B, San Diego, CA 92123 (858) 278-4720 Toll Free (866) 458-2062 FAX (858) 278-3640 [email protected] www.drericwhite.com California License #8611T STATEMENT OF CURRICULUM VITAE EDUCATION June 1982 Bachelor of Arts, Physiological Psychology University of California, San Diego; San Diego, California. May 1984 Bachelor of Science, Visual Science Southern California College of Optometry; Fullerton, California. May 1986 Doctor of Optometry Southern California College of Optometry; Fullerton, California. PRIVATE PRACTICE 1986 - 1989 Partnership; D.M. Rasmussen, O.D., F.A.A.O., Mission Village Medical Center, 3303 Ruffin Road, San Diego, California. 1989-2001 Private Practice Mission Village Medical Center, 3303 Ruffin Road, San Diego, California. 2001-Present Private Practice 5075 Ruffin Road, Suite B, San Diego, California CLINICAL ROTATIONS 1985 Southern California College of Optometry; Fullerton, California . Provided comprehensive vision care including contact lenses, vision therapy, low vision, ocular photography, electrodiagnostic services, auto perimetry, and disease detection. 1985 San Bernardino Juvenile Hall; San Bernardino, California. Provided screening and treatment of vision and learning disabilities among juveniles. 1985 D.M. Rasmussen, O.D., F.A.A.O.; San Diego, California. Assisted doctor on investigational studies, comprehensive vision care, contact lenses, low vision, autoperimetry, and disease detection . INTERNSHIP 1986 United States Naval Submarine Base, San Diego, California. Provided comprehensive vision care including fitting and care for extended wear contact lenses. 1986 U.S. Naval Medical Corps. Marine Corps Recruit Depot; San Diego, California. Provided comprehensive vision care including disease detection. 1986 Balboa Regional Naval Hospital San Diego, California. -
Healthcare & Life Sciences Industry Update
Healthcare & Life Sciences Industry Update August 2011 Member FINRA/SIPC www.harriswilliams.com What We’ve Been Reading August 2011 • The biggest story from inside the Beltway over the last month was the battle and eventual deal to raise the U.S. debt ceiling to avoid an impending August 2nd default. The Budget Control Act of 2011 will raise the debt ceiling by $2.1-$2.4 trillion, while reducing spending by approximately $2.1 trillion over the next decade. In an interesting post-deal analysis, Michael Hiltzik of the Los Angeles Times notes that despite the protracted negotiations over a broad spectrum of cost-cutting measures, healthcare was not raised as a primary issue. Some have found this especially concerning, considering the outsized portion of the Federal Budget currently allocated to healthcare spending, which is forecast to rise in the coming years. A recent article in The Economist, entitled “Looking to Uncle Sam” makes this point and goes further to suggest that Centers for Medicare & Medicaid Services (CMS) actuaries may be underestimating future increases in Medicare and Medicaid spending. • One potential reason CMS actuaries may be underestimating the future costs of Medicare and Medicaid relates to healthcare reform’s effect on employee benefits, and specifically, the 2014 switch to subsidized exchange policies. A recent report by McKinsey & Company estimates that approximately 30% of employers will stop offering employer- sponsored insurance (ESI) when this switch is made, as opposed to the 7% estimated by the Congressional Budget Office. An ESI exodus of this magnitude could cause substantial strain on an already robust government healthcare budget. -
KINF-AR-2013-Digital.Pdf
COVER Programs of the Kids In Need Foundation Kids In Need National Network of Resource Centers Sponsored by Free stores for teachers in 32 cities nationwide provide free school supplies for the neediest students in the school districts they serve. They are the affiliates of the Kids In Need National Network. With the generous donations of many companies, Kids In Need was able to distribute more than $70 million worth of product to the National Network in 2013, providing supplies to nearly 120,000 teachers and 3.6 million kids. Teacher Grants Sponsored by The original Kids In Need Teacher Grants program and the Elmer’s Teacher Tool Kit grants awarded a combined total of more than $202,200 to 505 teachers across the country so they could conduct classroom projects that helped make learning interesting and fun. Approximately 40,500 students were the recipients of these unique experiences in 2013. School Ready Supplies Sponsored by Local Community Organizations & Corporations School Ready Supplies helps to provide school supplies to students in communities not served by Resource Centers. Through events sponsored by local organizations or national corporations, students are given free backpacks and supplies. In 2013, 26,685 kids found that being well equipped made going back to school pretty exciting and even fun! Second Responder® A national program that provides backpacks and school supplies to students who have been affected by natural disasters, Second Responder® was announced as a new official program of the Kids In Need Foundation in 2013. Kids In Need has provided this type of assistance to communities in the past, most notably after Hurricane Katrina. -
Innovation That Sells
Acme United Corporation innovation that sells Acme United Corporation | 2007 Annual Report 2007 Annual Report Acme United Corporation | 60 Round Hill Road, Fairfield, CT 06824 U.S.A. | 203.254.6060 | www.acmeunited.com Officers Walter C. Johnsen Paul G. Driscoll James A. Benkovic Chairman of the Board and Vice President, Chief Financial Officer, Senior Vice President of Global Sales Chief Executive Officer Secretary and Treasurer Brian S. Olschan Larry H. Buchtmann President and Chief Operating Officer Vice President of Technology International Key Management Harry G. Wanless Dennis Liang Willi Engelsberg General Manager General Manager Managing Director Acme United Limited Acme United (Asia Pacific) Limited Acme United Europe, GmbH (Canada) (Hong Kong) (Germany) Directors Rex L. Davidson Susan H. Murphy Stephen Spinelli, Jr. President and Chief Executive Officer Vice President for Student President Goodwill Industries of and Academic Services Philadelphia University Greater New York and New Jersey Cornell University Stevenson E. Ward III Richmond Y. Holden, Jr. Brian S. Olschan Vice President and Chief Financial Officer President President and Chief Operating Officer Triton Thalassic Technologies, Inc. Educators Publishing Service Acme United Corporation Walter C. Johnsen Gary D. Penisten Chairman and Chief Executive Officer Chairman of the Board Emeritus Acme United Corporation Acme United Corporation Corporate Offices Stock Listing Annual Meeting Acme United Corporation The stock of Acme United Corporation will be held at 11 a.m. on 60 Round Hill Road is traded on the American Stock Monday, April 21, 2008 at Fairfield, CT 06824 Exchange under the symbol ACU. The American Stock Exchange, 86 Trinity Place, New York, NY 10006 Transfer Agents Counsel Auditors American Stock Transfer Company Brody, Wilkinson and Ober, P.C.