Cutter incident
, liability without fault doctrine arising from
1956: Bendectin for morning sickness used by 40% pregnant women in U.S.; National Enquirer story alleging birth defects (source was Melvin Belli); scientifically unfounded as per 27 studies, but Merrill Dow removed drug from market in 1983; 1992: FED director Kessler “decides” insufficient safety data on silicone breast implants (available for 30 years, used by two million Americans) and imposes ban that onslaught of litigation, though no data links implants to connective-tissue disease. After court cases, “the companies that made Bendectin and breast implants didn’t become more attentive to making safer products because their products weren’t unsafe; they were just found to be unsafe in court” (Offit, loc 2000).