This article presents a piece of a larger, ongoing project on the phenomenon of market-driven manufacturing (MDM) and how tort law should address it. In contrast to the larger project, this article provides a relatively brief overview of the general phenomenon of MDM, but zeros in on how pharmaceutical manufacturers specifically practice MDM. MDM is a well-documented, much practiced activity, although American courts do not recognize MDM as a discrete category of conduct. The basic idea of MDM is that marketing considerations should continuously control every aspect and stage of a product's lifecycle. When a company engages in MDM, it completely inverts the conception of product design, development, and dissemination that seems natural to those unfamiliar with modern producer practices.
42 Washburn L.J. 575-599 (2003)
Scholarly Commons Citation
Feldman, Heidi Li, "Pushing Drugs: Genomics and Genetics, the Pharmaceutical Industry, and the Law of Negligence" (2003). Georgetown Law Faculty Publications and Other Works. 512.