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45 Syracuse L. Rev. 1291 (1994)
The Past and Future of Comment k: Section (4)(b)(4) of the Tentative Draft Restatement (Third) of Torts--Is it the Beginning of a New Era for Prescription Drugs

handle is hein.journals/syrlr45 and id is 1319 raw text is: The Past and Future of Comment k: Section (4)(b)(4) of the Tentative Draft Restatement (Third) of Torts - Is it the Beginning of a New Era for Prescription Drugs? Andrew Barrettt CONTENTS INTRODUCTION ................................. 1291 I. HISTORY OF STRICT PRODUCTS LIABILITY AND COMMENT K ........................... 1298 A. History of Strict Products Liability ............ 1298 B. History of Commentk ..................... 1303 II. THE BLANKET IMMUNITY APPROACH: BROWN V. SUPERIOR COURT AND GRUNDBERG V. UPJOHN CO ..................... 1306 I[. THE RISK/BENEFIT APPROACH: TONER V. LEDERLE LABORATORIES ET AL ............ 1313 IV. SECTION 4(B)(4) OF THE TENTATIVE DRAFT No.1 RESTATEMENT OF THE LAW (THIRD) TORTS AND TOBIN V. ASTRA PHARMACEUTICALS PRODS., INC ................................ 1319 A. The Tobin Analysis ....................... 1320 CONCLUSION ................................... 1324 INTRODUCTION It has been more than thirty years since the Restatement (Second) of Torts was drafted.' Section 402A of the Restatement (Second) of Torts imposes strict liability on the manufacturer of a defective product t B.A., Franklin & Marshall College, 1989; J.D., Syracsue University College of Law, May 1995. The author would like to thank Victor E. Schwartz, Esq. for his invaluable advice and input toward this note. The author would especially like to thank Edward T. Barrett II, Esq. for his invaluable advice and input toward this note and all other matters, legal and not. 1. MARC A. FRANKLIN & ROBERT L. RABN, TORT LAW AND ALTERNATIVES, CASES AND MATERIALS, 503 (5th ed. 1992). The Restatement (Second) of Torts was actually published in 1965. Tentative drafts of the document emerged as early as 1963. Id. 1291