North Carolina House Approves Tort Reform Bill

Pill Bottle.jpg According to the Raleigh News and Observer, the North Carolina House approved another tort reform bill. The bill was originally drafted such that it would bar all suits against drug manufacturers so long as the medication was approved by the United States Food and Drug Administration unless fraud or bribery was involved. Ultimately, the bill was scaled back such that the current version allows plaintiff’s to sue if they can show, by clear and convincing evidence, that the drug was unsafe or ineffective.

A portion of the bill which was intended to limit punitive damages recovery, and directing a large portion of punitive damages to the State, was defeated. A provision which originally limited the recovery of attorney fees in small cases to $5,000.00 was amended to raise that limit to $10,000.00.

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