TBJ reports that the legal climate in NC is favorable to businesses, according to an annual study published in Directorship magazine.
Steven B. Hantler writes:
The state has maintained a fair and predictable liability climate that leads to growth and job creation. It ranks among the three best states for monetary tort losses, improving from 7th in 2006. However, North Carolina’s product liability losses rank 36th, which indicates heightened litigation activity and a rise in jury verdicts. Further, the state’s plaintiffs’ bar is very active in the state legislature: a bill defeated last year extending the statute of repose from 6 to 15 years would have made North Carolina one of three states with the longest period for filing claims. There is a rule-flaw majority on the state Supreme Court and the state business court serves as a model for the nation. North Carolina, however, is a state to be watched because of aggressive trial bar legislative efforts.
The present legal environment seems positive, if fickle. In the case of novel biomedical devices, I think that equal attention should be given to creating a solid legistlative foundation and to product development. That is, new technologies in areas such as tissue engineering, stem cell research, and genetic profiling should be introduced to markets only after preparing laws and regulations to preemptively limit inury and unethical activity resulting from the products’ introduction. The experts who develop these technologies should take some responsibility for the ultimate social and economic implications of their work. They are, after all, probably the most informed on the subject of their work. Whether in academia or industry, there is a need for concurrent technological and legislative development to prepare society for the introduction of potentially controversial medical technology.
The pharmaceutical industry is marked with many examples of litigation that may have been prevented. One example is the enormous lawsuit against Purdue Pharma for the unethical and unlawful marketing and litigations over their pain reliever OxyContin. In addition to monopoly, Purdue was accused of downplaying the fact that the drug was addictive. Clearly, opportinities abound that pit profits against the public’s best interest, and businesses can mandate product safety, availability, and pricing without transparency to any regulating body.
Fortunately, consumer advocate groups such as Community Catalyst are acting to protect (and inform!) the public. However as initiators of change, researchers, med tech businesses, and legislators share responsibility in preparing society for new technologies. It is not enough to bring a medical solution to fruition; one must acknowledge the responsibility of also creating a stable environment for the technology.