Scientifically, the case is a farce. The likelihood that the spermicide caused the plaintiff's birth defect is close to nil. Makers of oral contraceptives also fight lawsuits, but they have been on the market longest and have learned to survive the liability sweepstakes, mainly by providing excruciatingly detailed warnings. The art of writing warning labels requires a wealth of market and litigation experience. The warning rules greatly favor old products over new ones.
Innovation germinates in small institutions.
But success in the regulatory system requires a large stable of lobbyists and liability lawyers. So technology tends to proceed in small steps from established firms more than huge leaps from innovators. Insurance aggravates the bias against innovators. U.S. utilities now go abroad to buy back improvements on the technology U.S. firms once sold. Last year the Wistar Institute in Philadelphia arranged research in Argentina to test a bovine rabies vaccine, and Oregon State University researchers chose New Zealand to test another bioengineered vaccine.