16 J.L. & Pol'y 305 (2007-2008)
A Tough Pill to Swallow: The Insurmountable Burden in Toxic Tort Claims against Manufacturers of Children's Medications

handle is hein.journals/jlawp16 and id is 309 raw text is: A TOUGH PILL TO SWALLOW:
THE INSURMOUNTABLE BURDEN IN
TOXIC TORT CLAIMS AGAINST
MANUFACTURERS OF CHILDREN'S
MEDICATIONS
Susanne L. Flanders*
INTRODUCTION
The recent removal of many over-the-counter children's cough
and cold medications from pharmacy shelves has raised public
concern about the dangers of children's medications.' Many drug
manufacturers voluntarily withdrew these drugs from the market
after the Food and Drug Administration (FDA) recommended that
they not be used in children under the age of six.2 The
recommendation came after studies showed that in 2004 more than
1500 infants had experienced adverse events3 following their
ingestion of cold and cough medications,4 and between 1969 and
2006, more than 120 children aged two and younger had died from
overdoses and toxicity associated with these drugs. Despite these
* Brooklyn Law School, Class of 2008; B.S., Villanova University, 2002.
The author would like to thank the staff of the Journal of Law and Policy. The
author would also like to thank her friends and family for their love and support.
I See, e.g., Gardiner Harris, Makers Pull Infant Cold Medicines, N.Y.
TIMES, Oct. 11, 2007, at A18.
2 Christopher Hollis, Advisory Committees Recommend Against Cough and
Cold Medications in Children Under 6, DRUG INDUSTRY DAILY, Oct. 22, 2007.
3 Bob Meadows, Baby Cold Medicine, PEOPLE, Oct. 29, 2007, at 74.
4 Id.
5 Debra Sherman, Drugmakers Recall Infant Cough/Cold Medicine,
REUTERS, Oct. 11, 2007.

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