Review of Michael D. Green, Bendectin and Birth Defects: The Challenges of Mass Toxic Substances Litigation (University of Pennsylvania Press 1996). Acknowledgements, index, preface, selected bibliography. LC 95-42306; ISBN 0-8122-3257-7 [368 pp. $29.95 Cloth. 1300 Blockley Hall, 418 Service Drive, Philadelphia PA 19104-6097.

Oglevee, Stefan

English

University of New Hampshire

RISK: Health, Safety & Environment (1990-2002)
Volume 8 | Number 1 Article 12
January 1997
Book Review of Michael D. Green, Bendectin and
Birth Defects: The Challenges of Mass Toxic
Substance Litigation
Stefan Oglevee
Follow this and additional works at: https://scholars.unh.edu/risk
Part of the Law Commons, Life Sciences Commons, and the Medicine and Health Sciences
Commons
This Book Review is brought to you for free and open access by the University of New Hampshire – School of Law at University of New Hampshire
Scholars' Repository. It has been accepted for inclusion in RISK: Health, Safety & Environment (1990-2002) by an authorized editor of University of
New Hampshire Scholars' Repository. For more information, please contact ellen.phillips@law.unh.edu.
Repository Citation
Stefan Oglevee, Review of Michael D. Green, Bendectin and Birth Defects: The Challenges of Mass Toxic Substance Litigation, 8 RISK 97
(1997).
Book Review of Michael D. Green, Bendectin and Birth Defects: The
Challenges of Mass Toxic Substance Litigation
Erratum
The citation for this review is 8 RISK 91 (1997) in most commercial databases.
This book review is available in RISK: Health, Safety & Environment (1990-2002): https://scholars.unh.edu/risk/vol8/iss1/12
BookReviews 97
Michael D. Green, Bendectin and Birth Defects: The Challenges of
Mass Toxic Substances Litigation (University of Pennsylvania Press
1996). Acknowledgements, index, preface, selected bibliography. LC 95-42306;
ISBN 0-8122-3257-7 [368 pp. $29.95 Cloth. 1300 Blockley Hall, 418 Service Drive,
Philadelphia PA 19104-6097.]
The drug industry is one of the most heavily regulated in the U.S.
In determining whether to approve a particular drug, the Food and
Drug Administration (FDA) must consider two factors. First, it must
consider the safety of its citizens. It must next consider the public
benefit which would be associated with the use of the drug in question.
Professor Green's account of litigation over birth defects linked to a
drug approved by the FDA captures readers' attention from the onset.
Throughout, Green draws on our emotions as many are particularly
sympathetic to injured children. While maintaining the reader's
attention because of the subject matter, Green does not compromise
the integrity of his description of the legal process in doing so.
After making us aware of the problem of birth defects, which Green
links to the use of Bendectin by pregnant women, he gives a thoughtful
account of the ensuing legal process, as well as an adequate scientific
background for those who need it. Although parts of the book are more
suitable for some than others, overall, readers need neither a legal nor
scientific background to follow the process. Throughout the book,
Green references legal terms, then follows with a short explanation. This
enables non-lawyers to understand terms without boring those familiar
with the law. There are, however, a few exceptions. While chapters 2,
Locating Benedectin Within the Mass Toxic Landscape, and 4, The
Food and Drug Administration, are designed for those who are not at
all familiar with tort law, chapter 15, Aggressive Procedure in Mass
Toxic Substances Litigation, may be hard to follow for one without a
legal background. Green is sensitive to this, and but for these
exceptions, the book should be accessible to all.
Safety is a priority, but readers begin to understand that some FDA
oversights may be inevitable. To make what appears to be a safe and
useful drug available as soon as possible, the FDA may err on the side
of utility.
8 Risk Health, Safety & Environment 91 [Winter 1997]
Of particular interest to me was Green's account of the litigation of
the birth defects. It was the proverbial David and Goliath story. There
were internal conflicts among the plaintiffs lawyers and their legal team
was understaffed. The defendant was represented by a prestigious New
York law firm with a plethora of resources. Furthermore, as this was the
seminal Bendectin case, there were plenty of opportunities for mistakes.
In general, many participating lawyers were looking almost solely
for a big payday. By and large, their conduct certainly raises ethical
issues. Although it is not a matter of professional pride, the public
definitely enjoys hearing about such conduct.
Overall, Green gives a thorough account of the vicissitudes of
litigation. He neither bores lawyers nor alienates those unfamiliar with
legal process. Bendectin and Birth Defects is an interesting read for
those who enjoy reading a legal account with a scientific overlay.
Stefan Ogleveet
t Mr. Oglevee received his B.A. (Business Administration) from the University of
New Hampshire. He is a candidate for the J.D. at Franklin Pierce Law Center.


Book Review of Michael D. Green, Bendectin and Birth Defects: The Challenges of Mass Toxic Substance  Litigation

UNH Scholars' Repository

RISK: Health, Safety & Environment (1990-2002)Volume 8 | Number 1 Article 12January 1997Book Review of Michael D. Green, Bendectin andBirth Defects: The Challenges of Mass ToxicSubstance LitigationStefan OgleveeFollow this and additional works at: https://scholars.unh.edu/riskPart of the Law Commons, Life Sciences Commons, and the Medicine and Health SciencesCommonsThis Book Review is brought to you for free and open access by the University of New Hampshire – School of Law at University of New HampshireScholars' Repository. It has been accepted for inclusion in RISK: Health, Safety & Environment (1990-2002) by an authorized editor of University ofNew Hampshire Scholars' Repository. For more information, please contact ellen.phillips@law.unh.edu.Repository CitationStefan Oglevee, Review of Michael D. Green, Bendectin and Birth Defects: The Challenges of Mass Toxic Substance Litigation, 8 RISK 97(1997).Book Review of Michael D. Green, Bendectin and Birth Defects: TheChallenges of Mass Toxic Substance LitigationErratumThe citation for this review is 8 RISK 91 (1997) in most commercial databases.This book review is available in RISK: Health, Safety & Environment (1990-2002): https://scholars.unh.edu/risk/vol8/iss1/12BookReviews 97Michael D. Green, Bendectin and Birth Defects: The Challenges ofMass Toxic Substances Litigation (University of Pennsylvania Press1996). Acknowledgements, index, preface, selected bibliography. LC 95-42306;ISBN 0-8122-3257-7 [368 pp. $29.95 Cloth. 1300 Blockley Hall, 418 Service Drive,Philadelphia PA 19104-6097.]The drug industry is one of the most heavily regulated in the U.S.In determining whether to approve a particular drug, the Food andDrug Administration (FDA) must consider two factors. First, it mustconsider the safety of its citizens. It must next consider the publicbenefit which would be associated with the use of the drug in question.Professor Green's account of litigation over birth defects linked to adrug approved by the FDA captures readers' attention from the onset.Throughout, Green draws on our emotions as many are particularlysympathetic to injured children. While maintaining the reader'sattention because of the subject matter, Green does not compromisethe integrity of his description of the legal process in doing so.After making us aware of the problem of birth defects, which Greenlinks to the use of Bendectin by pregnant women, he gives a thoughtfulaccount of the ensuing legal process, as well as an adequate scientificbackground for those who need it. Although parts of the book are moresuitable for some than others, overall, readers need neither a legal norscientific background to follow the process. Throughout the book,Green references legal terms, then follows with a short explanation. Thisenables non-lawyers to understand terms without boring those familiarwith the law. There are, however, a few exceptions. While chapters 2,Locating Benedectin Within the Mass Toxic Landscape, and 4, TheFood and Drug Administration, are designed for those who are not atall familiar with tort law, chapter 15, Aggressive Procedure in MassToxic Substances Litigation, may be hard to follow for one without alegal background. Green is sensitive to this, and but for theseexceptions, the book should be accessible to all.Safety is a priority, but readers begin to understand that some FDAoversights may be inevitable. To make what appears to be a safe anduseful drug available as soon as possible, the FDA may err on the sideof utility.8 Risk Health, Safety & Environment 91 [Winter 1997]Of particular interest to me was Green's account of the litigation ofthe birth defects. It was the proverbial David and Goliath story. Therewere internal conflicts among the plaintiffs lawyers and their legal teamwas understaffed. The defendant was represented by a prestigious NewYork law firm with a plethora of resources. Furthermore, as this was theseminal Bendectin case, there were plenty of opportunities for mistakes.In general, many participating lawyers were looking almost solelyfor a big payday. By and large, their conduct certainly raises ethicalissues. Although it is not a matter of professional pride, the publicdefinitely enjoys hearing about such conduct.Overall, Green gives a thorough account of the vicissitudes oflitigation. He neither bores lawyers nor alienates those unfamiliar withlegal process. Bendectin and Birth Defects is an interesting read forthose who enjoy reading a legal account with a scientific overlay.Stefan Ogleveett Mr. Oglevee received his B.A. (Business Administration) from the University ofNew Hampshire. He is a candidate for the J.D. at Franklin Pierce Law Center.

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Book Review of Michael D. Green, Bendectin and Birth Defects: The Challenges of Mass Toxic Substance Litigation

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