Recently, tort law commentators have discovered truth in Justice Holmes' maxim that "hard cases make bad law." In particular, commentators have criticized cases in which courts have relaxed the traditional rule of causation, permitting plaintiffs to recover damages without connecting their harm to a specific defendant. A notable example has arisen in the context of litigation involving Factor VIII concentrate, a pharmaceutical product used by hemophiliacs to replace the clotting protein missing in their blood.
Andrew R. Klein,
A Legislative Alternative to "No Cause" Liability in Blood Products Litigation,
Yale J. on Reg.
Available at: http://digitalcommons.law.yale.edu/yjreg/vol12/iss1/5