THE `FDA DEFENSE' APPLIES ONLY TO PUNITIVE DAMAGES
Robert Kuttner's article on product-liability reform, "The trumped-up case against damage awards" (Economic Viewpoint, Mar. 20), misstated one provision of the reform bill recently passed by the House of Representatives.
The so-called FDA provision would protect manufacturers of products approved by the Food & Drug Administration only from punitive damages, and only if the manufacturer had not withheld information from the FDA. Plaintiffs could still collect economic damages and compensation for pain and suffering.
Gerald J. Mossinghoff
Pharmaceutical Research &
Manufacturers of America