FeedsLawmakers take on drug company immunity
A law that protects pharmaceutical companies against legal action from Michigan residents will soon be changed— if a few local legislators have their way.
The Michigan State House Judiciary Committee approved a package of bills to repeal a 1996 law granting legal immunity to drug companies that have medicines approved for safety and effectiveness by the US Food and Drug Administration (FDA).
The bill is scheduled for debate and possible vote on Thursday. The current law bars Michigan residents from seeking legal recourse against any drug manufacturer whose products have been approved by the federal drug agency. The only exception is when the drug company intentionally deceives or bribes officials to place a product in the marketplace.
“Michigan is the only state in the nation that grants the drug industry special protections. And that is wrong,” said Rep. Marc Corriveau (D-Northville).
Corriveau, who serves on the judiciary committee, said the immunity law gives drug companies “a free ride” in Michigan. The law also hinders the ability of state residents to access the court system, he added.
“Michigan residents deserve the same consumer protections that every other state guarantees for its citizens,” said the State Representative of Plymouth, Plymouth Township, Northville, Northville Township, Wayne and a portion of Canton Township.
Ironically, it was a court decision in another state that caused many in the Michigan Legislature to reexamine the immunity law.
A New York federal court judge dismissed more than 187 claims made by Michigan residents against the makers of Rezulin after the diabetes drug was pulled from the shelves.
Despite evidence of the drug being responsible for thousands of cases of liver failure and nearly 400 deaths nationwide, the judge ruled that Michigan residents had no legal claim.
That action along with the recent problems with (FDA)-sanctioned drugs such as Bextra and Vioxx prompted the repeal proposal, said state officials.
Opponents of the law change fear that the repeal will scare away pharmaceutical and biotech industries from a state already struggling with job loss.
“It would be a serious misstep for the state to repeal the law,” said Dr. Stephen Rapundalo, executive director of MICHBIO, a non-profit life sciences, technology and research organization in Ann Arbor.
Federal law mandates each drug to be labeled with the side effects clearly visible. Doctors are also responsible for informing their patient on the risk of drugs, he said.
“The decision to take the drug is on the patient. It shouldn’t be the manufacturer’s fault unless he commits fraud.”
