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ARTICLE · 18 SEPTEMBER 2020

Another Arizona Court Strikes A Plaintiff's Request For Punitive Damages

If you're a defendant in a drug or device lawsuit in Arizona court, you have a good chance of avoiding punitive damages.

United StatesLitigation, Mediation & Arbitration

If you're a defendant in a drug or device lawsuit in Arizona court, you have a good chance of avoiding punitive damages. That's because Arizona has a statute, a good one. It exempts manufacturers, including drug and device manufacturers, from liability for punitive damages if their product is designed, made and labeled under an FDA approval or clearance:

A manufacturer, service provider or seller is not liable for exemplary or punitive damages if . . . [t]he product alleged to have caused the harm was designed, manufactured, packaged, labeled, sold or represented in relevant and material respects according to the terms of an approval, conditional approval, clearance, license or similar determination of a government agency.

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This article is presented for informational purposes only and is not intended to constitute legal advice.

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