August 2006 Vol. 104 No. 8 THE REVIEW

Correspondence: Learning the Wrong Lessons from An American Tragedy: A Critique of the Berger-Twerski Informed Choice Proposal

David E. Bernstein

Margaret Berger and Aaron Twerski are among the leading scholars in their respective fields of Evidence and Products Liability. I have benefited from their work on many occasions. Precisely because of the deserved respect and esteem in which Berger and Twerski are held—not to mention the prominence of their forum, the Michigan Law Review—their proposal to create a new “informed choice” cause of action in pharmaceutical litigation is likely to receive sympathetic attention. Because I believe that their proposal is ill-conceived and dangerous, I feel compelled (with some trepidation) to write this response.

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