Are there efforts to limit the amount of damages a plaintiff can collect in mass torts cases?
Yes. Big Corporations, including drug manufacturers and medical device manufacturers, are making aggressive efforts toward trying to cap damages in cases filed against them for negligent products. For example, drug manufacturers are making efforts to encourage preemption protection for them. Preemption is a legal concept that would seek to provide civil liability protection in the case of a product that had received some federal agency approval. For example, if a drug kills or injures thousands of consumers, but the drug had received FDA approval, civil lawsuits against the manufacturer of the bad drug could be barred as a result of preemption. The manufacturer would be protected from civil liability in the situation where a product is unreasonably dangerous, but had received approval by a governmental agency.
