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 New York. Punitive damages are awarded to a plaintiff when there is evidence that a defendant acted with malice, oppression, or fraud. Punitive damages are intended to punish a defendant for their misconduct and are usually higher than compensatory damages. In cases of defective drug injury, punitive damages may be awarded when a manufacturer knew of a dangerous defect in their product and failed to warn the public about it or when they knowingly sold an unfit product. Additionally, if a company withheld information or actively misrepresented the safety of a product, punitive damages may be awarded. However, in New York, there is a cap on punitive damages. In most cases, the amount of punitive damages cannot exceed the amount of compensatory damages awarded. This means that punitive damages are generally capped at the value of the medical bills, lost wages, and other costs associated with the injury. In order to recover punitive damages in a defective drug injury claim, a plaintiff must be able to prove that the manufacturer acted with intent to cause harm or showed a disregard for the safety of the public. It is a difficult burden of proof, but if it is met, the plaintiff may be able to recover punitive damages in addition to compensatory damages.

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