When Does Product Liability Risk Chill Innovation? Evidence from Medical Implants

Working Paper: NBER ID: w25068

Authors: Alberto Galasso; Hong Luo

Abstract: Liability laws designed to compensate for harms caused by defective products may also affect innovation. We examine this issue by exploiting a major quasi-exogenous increase in liability risk faced by US suppliers of polymers used to manufacture medical implants. Difference-in-differences analyses show that this surge in suppliers’ liability risk had a large and negative impact on downstream innovation in medical implants, but it had no significant effect on upstream polymer patenting. Our findings suggest that liability risk can percolate throughout a vertical chain and may have a significant chilling effect on downstream innovation.

Keywords: Product Liability; Innovation; Medical Implants; Quasi-Exogenous Risk; Patent Analysis

JEL Codes: K13; O31; O32; O34


Causal Claims Network Graph

Edges that are evidenced by causal inference methods are in orange, and the rest are in light blue.


Causal Claims

CauseEffect
surge in liability risk (K13)decline in downstream innovation in medical implants (O39)
upstream suppliers' decision to withdraw from supplying materials (L14)decline in downstream innovation in medical implants (O39)
decline in downstream innovation in medical implants (O39)decline in profits and innovation incentives of downstream firms (O31)
upstream liability risk (K13)no significant effect on upstream polymer patenting (O38)
upstream suppliers' innovation incentives (O36)driven by aggregate demand from multiple downstream markets (E20)

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