So, too, do several specific provisions of H.R. 956 that would impede the ability of injured persons to gain fair and adequate recovery. First, the Administration, as noted in its Statement of Administration policy on the Senate version of this bill, opposes an artificial ceiling on the amount of punitive that may be awarded in a product liability action. The Conference Report invites a wealthy, irresponsible, potential wrongdoer to weigh the risks of a capped punitive damages award against the potential gains or profits from the wrongdoing. This provision would severely and unfairly discriminate against those innocent victims whose injuries involve mostly noneconomic damages, rather than the sort of damages that can be measured by lost income. Elderly citizens, for example, would suffer.
Noneconomic damages are as real and as important to victims as economic damages.
Those who incur such damages should not suffer if one defendant has gone bankrupt or otherwise become unavailable. In addition, the Administration is concerned that the Conference Report takes several steps backward from the Senate version. Most notably, the Conference Report deletes a provision that would have tolled the statute of limitations in the event of a stay or injunction against an action. Such a provision is critical when a potential defendant files for liquidation or reorganization, as happened in cases involving asbestos and the Dalkon Shield. This change, which prevents a person from bringing suit against a manufacturer of an old product even if the product has just caused injury, also will preclude valid claims.