Role of Litigation in Preventing Product-related Injuries

Vernick, Jon S.; Mair, Julie Samia; Teret, Stephen P.; Sapsin, Jason W.

doi:10.1093/epirev/mxg001

Cited by 29 publications

(12 citation statements)

References 14 publications

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“…Once further analysis established that much of the higher risk was attributable to tread separation of the Firestone tires installed on most Explorers, the government forced recalls of the tires by both Ford and Bridgestone, the manufacturer of Firestone tires. The controversy over the belated recalls also resulted in enactment of new federal legislation in 2000 (191). At times, perceptions can become a political force even when they are not grounded in widely accepted causal relationships.…”

Section: Locus Of Responsibilitymentioning

confidence: 99%

“…Advocates of gun control also face conflicting social constructions of the owners and users of firearms: They may pursue preventive measures or penal sanctions against violent criminals (deviants) and protective measures on behalf of children and other unintended gunshot victims (dependents); but in so doing they must not directly challenge the prerogatives of advantaged groups, including hunters passing down a generations-old pastime and law-abiding citizens exercising their right to self-defense (177,191). Nevertheless, as the image of the National Rifle Association shifts from a "civic-minded collection of hunters" to a "radical organization that resists reasonable regulation" and at times is allied with militia groups, at least certain types of gun control become more feasible (28).…”

Section: Olivermentioning

confidence: 99%

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The Politics of Public Health Policy

Oliver

2006

Annu. Rev. Public Health

257

179

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Key Words agenda setting, incrementalism, health reform, policy entrepreneur, implementation ■ Abstract Politics, for better or worse, plays a critical role in health affairs. The purpose of this article is to articulate a role for political analysis of public health issues, ranging from injury and disease prevention to health care reform. It begins by examining how health problems make it onto the policy agenda. Perceptions regarding the severity of the problem, responsibility for the problem, and affected populations all influence governmental responses. Next, it considers how bounded rationality, fragmented political institutions, resistance from concentrated interests, and fiscal constraints usually lead political leaders to adopt incremental policy changes rather than comprehensive reforms even when faced with serious public health problems. It then identifies conditions under which larger-scale transformation of health policy can occur, focusing on critical junctures in policy development and the role of policy entrepreneurs in seizing opportunities for innovation. Finally, it reviews the challenges confronting officials and agencies who are responsible for implementing and administering health policies. Public health professionals who understand the political dimensions of health policy can conduct more realistic research and evaluation, better anticipate opportunities as well as constraints on governmental action, and design more effective policies and programs.

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Section: Locus Of Responsibilitymentioning

confidence: 99%

Section: Olivermentioning

confidence: 99%

The Politics of Public Health Policy

Oliver

2006

Annu. Rev. Public Health

257

179

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“…Indeed, many of the first public health laws were sanitary codes enacted to address communicable diseases, sanitation, and food handling (Messer 1914). In addition, auto safety standards precipitated by product liability litigation have been effective in reducing morbidity and mortality (Vernick et al 2003). And tobacco lawsuits by attorneys general that resulted in the Master Settlement Agreement helped change public attitudes toward the tobacco industry when documents were released through the discovery process.…”

mentioning

confidence: 99%

“…By having access to a manufacturer's data, the epidemiology of harm can be better understood. This can generate publicity alerting consumers and regulators to the dangers of a product and sometimes even embolden regulators to address such problems (Vernick et al 2003).…”

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confidence: 99%

Innovative Legal Approaches to Address Obesity

et al. 2009

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Context:The law is a powerful public health tool with considerable potential to address the obesity issue. Scientific advances, gaps in the current regulatory environment, and new ways of conceptualizing rights and responsibilities offer a foundation for legal innovation. Methods:This article connects developments in public health and nutrition with legal advances to define promising avenues for preventing obesity through the application of the law.Findings: Two sets of approaches are defined: (1) direct application of the law to factors known to contribute to obesity and (2) original and innovative legal solutions that address the weak regulatory stance of government and the ineffectiveness of existing policies used to control obesity. Specific legal strategies are discussed for limiting children's food marketing, confronting the potential addictive properties of food, compelling industry speech, increasing government speech, regulating conduct, using tort litigation, applying nuisance law as a litigation strategy, and considering performance-based regulation as an alternative to typical regulatory actions. Finally, preemption is an overriding issue and can play both a facilitative and a hindering role in obesity policy. Conclusions:Legal solutions are immediately available to the government to address obesity and should be considered at the federal, state, and local levels. New and innovative legal solutions represent opportunities to take the law in creative directions and to link legal, nutrition, and public health communities in constructive ways.

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“…Information obtained in litigation also can be used to support future regulatory action. 1 Litigation against the tobacco industry has met with mixed success. 2 Between 1954 and 1994, private citizens filed more than 800 lawsuits against tobacco manufacturers.…”

mentioning

confidence: 99%