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A Legislative Alternative to \u22No Cause\u22 Liability in Blood Products Litigation

By Andrew R. Klein

Abstract

Recently, tort law commentators have discovered truth in Justice Holmes\u27 maxim that \u22hard cases make bad law.\u22 In particular, commentators have criticized cases in which courts have relaxed the traditional rule of causation, permitting plaintiffs to recover damages without connecting their harm to a specific defendant. A notable example has arisen in the context of litigation involving Factor VIII concentrate, a pharmaceutical product used by hemophiliacs to replace the clotting protein missing in their blood

Topics: Law
Publisher: Yale Law School Legal Scholarship Repository
Year: 1995
OAI identifier: oai:digitalcommons.law.yale.edu:yjreg-1351
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