By: Kirsten Klahn, [email protected]//October 7, 2011//
By: Kirsten Klahn, [email protected]//October 7, 2011//
Sen. Rich Zipperer, R-Pewaukee, has drafted a bill that would protect drug makers from being held responsible for any claim based on strict liability for a defect in a drug if it has been approved by the Federal Food and Drug Administration.
The legislation, which is still in draft form, also would protect drug makers from liability for any claim based on failure to warn of the risk of the drug if it was made available to the consumer or person who prescribed the drug and the labeling was in compliance with FDA standards.
In addition, manufacturers would also be protected from liability for any device that has been FDA approved. Such devices could include instruments, machines or implants that are used for the diagnosis or cure of a condition.