Republicans Propose Bill Protecting Drug Makers from North Carolina Products Liability Lawsuits

March 29, 2011, by Michael A. DeMayo

Under the House version of a North Carolina medical malpractice reform bill, a person injured by a drug that had been approved by government regulators would not be able to file a North Carolina dangerous drug lawsuit against manufacturer. The bill is part of a larger tort reform package that wants to cap noneconomic damages at $250,000 and for the amount that is awarded to be adjusted every three years to reflect the Consumer Price Index. Our Charlotte, North Carolina injury lawyers will continue to monitor the developments surrounding this issue, which will have an effect on medical malpractice victims.

Exempt from the proposed immunity would be drug makers that continued selling a medication even after the government ordered that it be taken off the market, as well as those that bribed a government official to get the drug approved or misrepresented/purposely kept information so that the government would approve the drug. Also, as with Senate Bill 33, the House bill only allows emergency room doctors to be held liable for North Carolina medical malpractice if he/she acted in grossly negligent manner.

North Carolina House Republicans are also pushing for the state to be able to take 3/4ths of any punitive damages over $100,000 awarded by a jury. The money would be placed in a state fund supporting public schools.

Dangerous Drug Lawsuit
Our Charlotte, North Carolina dangerous drug lawyers are well aware of the serious injuries and health issues that can result because a patient took a dangerous or defective medication. Drug manufacturers have a responsibility to make sure that their products are safe for use. They must also provide adequate warning of dangerous side effects and possible adverse reactions. If their drug contributed to causing North Carolina personal injury or wrongful death, then they should be held liable.

House bill would shield drug makers, NewsObserver, March 24, 2011

North Carolina Bill To Restrict Product Liability Suits, Pharmalot, March 24, 2011

Related Web Resources:
Read the Tort Reform Draft Bill, Representatives Rhyne and McComas (PDF)

Food and Drug Administration


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