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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.