HB 0674 | Relating to Damages Arising from Certain Drugs |
Sponsor: | KELLEY (47) | Handling House Bill: | |
Committee: | JUDC | LR Number: | L1282.01I |
Last Action: | 03/08/95 - Reported Do Not Pass H Judiciary & Ethics Committee | ||
Title: | |||
Effective Date: | |||
HB0674 Kelley, Pat et al
P R E F I L E D
HB 674 -- Punitive Damages
This bill makes drug manufacturers and drug merchants not liable for punitive damages when the drug is manufactured and labeled in accordance with federal Food and Drug Administration guidelines. Misrepresentation in obtaining FDA approval vitiates this protection. Current law permits punitive damages for negligence when the defendant had reason to know that there was a high degree of probability that its action would result in injury, compliance with FDA regulations notwithstanding.