Should Pharmaceutical Companies Pay Punitive Damage?
An article recently published in Forbes discusses the issue of whether pharmaceutical companies and paying punitive damage. There is a requirement to pay for punitive damages associated with medication side effects and injuries. The pharmaceutical company Novartis is quoted as stating that the FDA retains complete discretion to decide how to proceed against a drug company that has violated safety standards or has completed alleged misconduct.
This stems from a lawsuit that has started in the U.S. Supreme Court. Novartis cited a ruling by the Supreme Court from a 2009 case, when a woman sued Wyeth, a pharmaceutical company, for the damage she suffered as a result of one of its drugs. The victim then claimed that she deserved damages for the drug use, and the drug maker tried to argue that her claim permitted the FDA approval of the drug. The court decided to award the plaintiff compensation, but Novartis says that this decision only had to do with companies that are seeking compensatory damages, not those wanting punitive damages.
Many personal injury lawyers fight for the ability to seek punitive damages in pharmaceutical drug cases, claiming that this helps to hold the companies accountable to create safe and helpful drugs. Some pharmaceutical companies continue to argue that when plaintiffs seek punitive damages it infringes on the authority of the FDA. Still courts have not determined that punitive damage lawsuits of this nature are illegal. If you want more information about this then you can contact a lawyer at the firm today.
With the right attorney on your side, you may be able to seek punitive damages as well as compensation for your medical bills and other losses associated with a dangerous medication. Pharmaceutical companies can be sued for negligence and for failing to take precautions to make sure that a drug is safe for use. The US Supreme Court will review this argument, and it could be a landmark case for individuals that are seeking personal injury compensation form a drug injury. Hire a New York City injury attorney if you have been harmed by a defective or dangerous drug and would like to file a lawsuit.