Disagree that having a broad incentive is good enough for this case. This is an example of how hard it is to create an effective broad incentive. Since drugs can be created under the shelter of limited liability of corporations, people will just find a way around it. Shell corporations would be much more likely to risk other human lives than the FDA would. In addition to that, if the expected value of a risky drug is still positive, then many corporations may still rationally opt to proceed with the drug.