Malpractice Punitive Damage Cap Bills To Return; CHPA Goes To Washington
This article was originally published in The Tan Sheet
Executive Summary
Provisions protecting manufacturers of FDA-approved products from punitive damages are likely to continue appearing in medical malpractice award limit bills this session
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Language granting liability protection for manufacturers of FDA-compliant drugs might not be included in Senate version of HEALTH Act (HR 5), according to Alan Eisenberg, health and economic policy advisor to Rep. James Greenwood (R-Penn.). Speaking April 2 at FDLI's Annual Educational Conference, Eisenberg said he is "hopeful, but not fully optimistic, that any legislation worked on by the Senate will be as broad in scope" as HR 5, which passed the House March 13 (1"The Tan Sheet" March 17, 2003, In Brief). He noted several Democrats have indicated they are reluctant to extend liability protections to manufacturers, place caps on punitive damages. If product liability provision is excluded from Senate bill, staffers may try to put it back into final language during conference, Eisenberg added...