On the other hand, put yourself in the position of the people who have to make these decisions.
Just look at the flack they've received due to the approval of certain weight loss drugs.
In fact, there are even some people urging the FDA to impose stricter restraints, especially in the cases of these "herbal" remedies and other, largely unregulated, drugs.
My only point is that this issue isn't quite as simplistic as the bumper sticker slogan: "THE FDA IS BAD!"
While I've been a frequent critic of some of the delays that have been imposed upon drug manufacturers, I don't think that the FDA is solely responsible for this problem.
The litigiousness of certain people also has to be taken into account.
Limit lawsuits to the actual damage + a maximum punative damage.