10/14/2013 // LifeCare123 // Greg Vigna // (press release)
In a recent Forbes news article, the issue of whether drugmakers should be forced to pay punitive damages for defects in their products that lead to patient injury was spotlighted. The article detailed one major drug company’s quest to obtain an answer from the US Supreme Court regarding whether awarding such damages in product liability cases infringes on the authority of the FDA.
Pharmaceutical giant Novartis is quoted as stating in a court brief, “The FDA retains complete discretion to decide how and whether to proceed against a drug company for alleged misconduct… Punitive damages awards impermissibly conflict with this federal scheme by placing enforcement discretion in the hands of tort plaintiffs who act as a private attorney general under the law.”
Although many may be divided on the issue, a number of Los Angeles defective pharmaceutical lawyers agree that punitive damage awards help deter drug manufacturers from deceptive practices that may be viewed as a complete disregard for public safety in connection with the release of products into the market.
Defective pharmaceutical products result in injuries to thousands of people every year, with a number of those injuries proving fatal. Not only are there physical and emotional consequences for individual injured patients, there are also social consequences connected with the release of unsafe drug products and medical devices into the market due to a public fearful about the medical industry as a whole. The law allows injured patients or their loved ones in the event of wrongful death, to pursue compensation for damages linked to this type of injury.
Resources like the Life Care Solutions Group are available for people in these circumstances. Individuals who have been injured by a prescription medication or medical device and have questions about their eligibility to pursue compensation for damages, can contact the Life Care Solutions Group today for a free assessment of their medical and legal options.
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