Pink Sheet is part of Informa PLC

This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them. Informa PLC’s registered office is 5 Howick Place, London SW1P 1WG. Registered in England and Wales. Number 8860726.

This copy is for your personal, non-commercial use. For high-quality copies or electronic reprints for distribution to colleagues or customers, please call +44 (0) 20 3377 3183

Printed By

UsernamePublicRestriction
UsernamePublicRestriction

Medical liability reform

This article was originally published in The Tan Sheet

Executive Summary

Language granting liability protection for manufacturers of FDA-compliant drugs might not be included in Senate version of HEALTH Act (HR 5), according to Alan Eisenberg, health and economic policy advisor to Rep. James Greenwood (R-Penn.). Speaking April 2 at FDLI's Annual Educational Conference, Eisenberg said he is "hopeful, but not fully optimistic, that any legislation worked on by the Senate will be as broad in scope" as HR 5, which passed the House March 13 (1"The Tan Sheet" March 17, 2003, In Brief). He noted several Democrats have indicated they are reluctant to extend liability protections to manufacturers, place caps on punitive damages. If product liability provision is excluded from Senate bill, staffers may try to put it back into final language during conference, Eisenberg added...

You may also be interested in...



Dem VP Choice Edwards Gives Bush Campaign Liability Reform Opening

The selection of Sen. John Edwards (N.C.), a former trial attorney, as the Democratic candidate for Vice President has provided President Bush's reelection campaign with a broadened avenue of attack on medical malpractice reform, one of the White House's chief health policy issues

Malpractice Punitive Damage Cap Bills To Return; CHPA Goes To Washington

Provisions protecting manufacturers of FDA-approved products from punitive damages are likely to continue appearing in medical malpractice award limit bills this session

Medical liability bill

Language included in a House Energy & Commerce Committee report on the "Help Efficient, Accessible, Low-Cost, Timely Healthcare (HEALTH) Act of 2003" specifies that liability protection for manufacturers of FDA-approved drugs includes OTC products. HR 5, which passed the House March 13, states punitive damages may not be awarded against manufacturers of FDA-approved products unless parties involved in the evolution of the product "cause harm by failing to comply with a specific requirement" of the FD&C Act. OTCs compliant with NDAs, final monographs or tentative final monographs before they are finalized should not be precluded from liability protection, committee's report notes. CHPA lobbied for inclusion of language...

Topics

UsernamePublicRestriction

Register

PS095319

Ask The Analyst

Please Note: You can also Click below Link for Ask the Analyst
Ask The Analyst

Your question has been successfully sent to the email address below and we will get back as soon as possible. my@email.address.

All fields are required.

Please make sure all fields are completed.

Please make sure you have filled out all fields

Please make sure you have filled out all fields

Please enter a valid e-mail address

Please enter a valid Phone Number

Ask your question to our analysts

Cancel