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  • 2024
  • Working Paper
  • HBS Working Paper Series

Product Liability Litigation and Innovation: Evidence from Medical Devices

By: Alberto Galasso and Hong Luo
  • Format:Print
  • | Language:English
  • | Pages:60
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Abstract

We examine the relationship between product liability litigation and innovation by systematically combining data on product liability lawsuits with data on new product introductions in a panel dataset of leading medical device firms. We first document a decline in the propensity to introduce new products for both defendant firms and other firms operating in litigated device categories. This decline, however, does not spill over to other device categories, and we also do not find any slowing down in firms’ patenting activities. We then show that changes in two features of the regulatory environment—(1) the availability of public information regarding adverse events and (2) federal law taking precedence over state law— substantially affect the likelihood of litigation. These changes also provide quasi-exogenous variations in litigation that confirm our baseline findings. Finally, we show that litigation appears to induce firms to develop safer devices. Overall, our findings suggest that product liability litigation affects the rate and direction of technological progress, and that safety regulation and liability regimes interact with one another in significant ways.

Keywords

Lawsuits and Litigation; Product Development; Technological Innovation; Safety; Governing Rules, Regulations, and Reforms; Medical Devices and Supplies Industry

Citation

Galasso, Alberto, and Hong Luo. "Product Liability Litigation and Innovation: Evidence from Medical Devices." Harvard Business School Working Paper, No. 24-063, March 2024.
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More from the Authors

    • October 2023
    • Research Policy

    Laboratory Safety and Research Productivity

    By: Alberto Galasso, Hong Luo and Brooklynn Zhu
    • Fall 2023
    • Journal of Economics & Management Strategy

    Infringing Use as a Path to Legal Consumption: Evidence from a Field Experiment

    By: Hong Luo and Julie Holland Mortimer
    • June 2023
    • Health Management, Policy and Innovation

    Managing Medical Device Liability Through Innovation: A Strategic Approach

    By: Alberto Galasso and Hong Luo
More from the Authors
  • Laboratory Safety and Research Productivity By: Alberto Galasso, Hong Luo and Brooklynn Zhu
  • Infringing Use as a Path to Legal Consumption: Evidence from a Field Experiment By: Hong Luo and Julie Holland Mortimer
  • Managing Medical Device Liability Through Innovation: A Strategic Approach By: Alberto Galasso and Hong Luo
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