On the recordJuly 7, 2003
With regard to an earlier reference to the FDA, if a product is found to be appropriate by the FDA, the companies should not have punitive damages assessed when they follow the FDA approval process. Punitive damages are for illegal conduct, and if the Federal Government blesses that conduct, it can't be illegal. However, there is no cap on economic or noneconomic damages against the drug companies in that situation. The other part of the FDA section prevents doctors from being sued on product liability cases just because they prescribed a drug that the FDA has approved.
Source
govinfo.gov
