November 12, 2009

Punitive Damages Against Drug Manufacturers

Drug and Device Law has a lengthy post arguing that punitive damages should be unavailable in most product liability lawsuits against prescription drug manufacturers. The post collects authorities from various jurisdictions for the proposition that punitive damages are inappropriate when the defendant's conduct complied with applicable regulations or industry standards. We touched on this issue a few months ago, in a post about a decision from the Montana Supreme Court.