Saturday, April 2, 2011

North Carolina considers immunity for damages caused by prescription drugs

Lawmakers in North Carolina have proposed a bill that, subject to a few exceptions, would shield drug manufacturers from lawsuits by consumers if the product has been approved by a government agency. The exceptions contained in the proposed legislation refer to those who (1) continue to sell a product after a government agency has ordered its withdrawal, (2) alter the product in a way that would have avoided an alleged injury, (3) intentionally withheld or misrepresented info that led to approval by a government agency, or (4) bribed a government official in order to obtain product approval.

You can see a draft of the bill here. It is part of a larger tort reform package that seeks to cap noneconomic damages, such as pain and suffering, at $250,000 from each defendant in a tort lawsuit and to make part of any punitive damage award be assigned to the government.

For more information go to Pharmalot and

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