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"FDA DEFENSE" NOT IN BIPARTISAN SENATE PRODUCT LIABILITY BILL INTRODUCED MARCH 15; GORTON/ROCKEFELLER's S 565 MEASURE WOULD CAP ALL PUNITIVE DAMAGE AWARDS

Executive Summary

The Senate Commerce Committee leadership is pushing an unadorned version of product liability legislation that focuses on a cap on punitive damage awards and does not contain special provisions for classes of products such as drugs and medical devices. A bill with bipartisan sponsorship (S 565) introduced on March 15 does not include the "FDA defense" adopted in the House bill (HR 956).

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