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James Lewis
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JIm is a Virginia injury attorney who handles car accidents, medical malpractice, FELA, wrongful death, etc.

Blog Category:
4/13/2011
James Lewis
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Drugmakers May Be Protected From Lawsuits if South Carolina (SC) Bill Passes

A medical malpractice reform bill that recently cleared the State Senate in South Carolina (SC) has been sent to the House-and the version they're considering would protect drug manufacturers from liability in lawsuits.

The draft legislation was presented on Wednesday, March 30, 2011, to the House Select Committee on Tort Reform. The draft would also lower the cap on noneconomic damages, including such as pain and suffering, to $250,000 from each defendant. Currently, there is no limit on those types of damages; the Senate bill would cap them at $500,000.

The House bill differs from the Senate bill in several other ways, including punitive damages, which are monetary penalties meant to punish a party for wrongdoing. According to the draft of the Senate bill, punitive awards exceeding $100,000 would not go to the plaintiff, as they do now. Instead, only one-fourth of the amount over $100,000 would go to the plaintiff; the rest would go to a state fund used to support public schools.

Finally, the proposed bill would protect drug makers and sellers from liability in lawsuits if their product had been approved by government regulators. According to committee chairman and Lincolnton Republican Johnathan Rhyne, Jr., the bill is expected to be filed in the next day or two.

Patient advocates and personal injury attorneys should be appalled at this potential bill. Victims of faulty drugs should be awarded fair compensation by a jury-not have that compensation taken away from them. If you or a loved one was injured by a dangerous drug, contact our attorneys for a free consultation
.

IW




Category: Dangerous Drugs & Devices/Product Recalls



About the Editors: Shapiro, Lewis & Appleton is a Virginia injury law firm whose attorneys focus on personal injury and accident law and have experience handling cases for victims of dangerous drugs and prescription drug errors. Check out our dangerous drug information page to learn more about side effects and recalls. We represent clients in dangerous drug, dangerous medical device, and faulty product claims throughout the USA when the product/device was sold nationwide.

Our firm has been recognized as one of the best injury law firms in Virginia by U.S. News & World Report since 2010. Rick Shapiro and James Lewis have been named to the National Million Dollar Advocates Forum since 2009 and have been recognized as the Best Lawyers in America since 2008. Shapiro, Lewis and Appleton have also been named Virginia Super Lawyers for Personal Injury Law. Fewer than 5 percent of practicing lawyers are chosen to receive this honor.

In addition, our firm was the first in Virginia to join Primerus, a select group of highly ethical and respected law firms. Our firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill.


While not every case meets our criteria, we offer free initial confidential injury case consultations. Call us toll free at (800) 752-0042. If you cannot get through due to high call volume, please leave a voicemail so we can get back to you.

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