Is it possible to recover punitive damages in a defective drug injury claim?

Yes, it is possible to recover punitive damages in a defective drug injury claim in California, although it may be difficult to do so. Punitive damages are those that are awarded to punish a defendant and to discourage similar behavior in the future. In California, punitive damages may be awarded in a defective drug injury claim if the defendant is found to have acted with malice, oppression, or fraud. This means that the defendant must have acted in a willful and wanton disregard for the safety of others, or with the intent to cause harm. Without evidence of these types of behaviors, punitive damages are not likely to be awarded. It is important to note that punitive damages generally cannot be recovered in a defective drug injury case unless the plaintiff can prove that the defendant acted intentionally or with malice. Additionally, these types of damages are not necessarily available in all states. Those injured in California due to a defective drug should contact an experienced attorney to determine if they may be eligible for punitive damages.

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Is it possible to recover punitive damages in a defective drug injury claim?

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