Georgia Flirts With Michigan's Big Mistake

Although a lot of politicians have economic stimulus on the brain right now, jump-starting our stalled economy shouldn't come at the expense of consumers' rights.  Which would be exactly what Georgia would be doing to its citizens should a recent piece of legislation get passed. 
 
Senate Bill 101 introduced last week and endorsed by Governor Sonny Purdue would "limit liability for certain drug and medical device manufacturers and sellers."  Which is merely a nice way of saying that a company that markets an unsafe drug or device should be given complete immunity for causing deaths or injuries, as long as the FDA approved the product.  This law supposes that the FDA is both capable and willing to ensure the safety of all products it regulates – which many including those within the FDA itself doubt.  Ah, peanuts anyone?

Regardless we have seen time and time again  how lawsuits have dissuaded companies from continuing to market an unsafe product.  And lawsuits have also had a tremendously beneficial role spurring medical research and alerting the public – and ultimately pressuring regulators – to act on larger health risks and problems.

Unlike what its supporters assume, this legislation would do nothing to create biotechnology jobs in the state.  Michigan, the only state in the nation that has such immunity for its pharmaceutical industry have seen thousands of these high-paying jobs leave their state since Governor Engler signed the bill into law in 1995.  (See the CJ&D report A Tragic Blunder: Michigan's Drug Industry Immunity Law to learn more about Michigan's unprecedented law that prevents its residents harmed by dangerous drugs from gaining access to the civil justice system.)

Thankfully there are groups like Georgia Watch an organization dedicated to improving consumer protections for Georgia families who are staying on top of this issue.  Georgia Watch Executive Director Allison Wall said of the legislation,

"Essentially, this is a desperate bid for new biotech business at the expense of our legal rights," said Wall. "That's a dangerous gamble for the Governor, risking the health and safety of Georgians against the interests of corporations."

Comments

[Dr. Henry Greenspan]

Excellent commentary.

Having seen the devatation caused by our Michigan law, Michigan citizens are in favor of repealing by a 70% majority in polls.

Two years ago, the Michigan House voted 70-39 in favor of repeal, most Dems joined by one-third of Republicans. (A small preemptor majority in the State Senate were able to kill the the bill in committee.)

The following _misrepresentations_ will be aimed at Georgians. They are easy to rebut:

- Only companies that "play by the rules" will be shielded. False. Preemption even covers companies who have committed fraud in the FDA approval process.

- Lawsuits destroy the economy, new drugs development, and the American way. This kind of demonology is familiar. There is no data that backs up any of it. It is pure propaganda.

- FDA preemption, the basis of our law in Michigan, has been condemned by most major editorialists and also by the New England Journal of Medicine, the Journal of the American Medical Association, and former Commissioners of the FDA.

Doctors don't easily come to the aid of trial lawyers. When they do, we ought to notice that somthing mighty important is going on.