The history of liability claims in the US against contraceptive products is
among the issues that discourage manufacturers from investing in discovery
and development in this field. Other factors are the high cost of new drug
development, elevated insurance rates for contraceptives, and the desire t
o avoid controversy that can disturb corporate tranquility. General feature
s of the American legal system influence the large number and cost of produ
ct liability claims in the US compared to Europe. These differences pertain
to issues such as the role of judges, how lawyers receive their compensati
on, and the use of expert scientific testimony. The history of litigation i
n the US against pharmaceutical products and devices pertaining to women's
health suggests that interventions that involve the reproductive system are
held to different standards or elicit different emotional responses than o
ther pharmaceutical products or devices. (C) 1999 International Federation
of Gynecology and Obstetrics.