10/7/2013

The Supreme Court could decide to review a case involving the question of whether drugmakers should be exempt from punitive damages in state product-liability lawsuits because the penalties overstep the FDA's enforcement powers. The fines that the FDA can levy could be greatly surpassed by punitive-damages awards, which put "enforcement discretion in the hands of tort plaintiffs who act as a private attorney general under the law," according to a brief from the drugmaker. The Pharmaceutical Research and Manufacturers of America has filed a friend-of-the-court brief in support of Novartis.

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