Drug Company Immunity Remains Status Quo in Michigan Unless Legislature Acts

Cheers can still be heard around the country since yesterday when the US Supreme Court refused to immunize pharmaceutical companies from liability when their drugs harm or kill people.  Luckily, state legislation like the bill introduced in Georgia last month, may also benefit from this ruling (although rumor has it that bill was DOA anyway).

However, in Michigan the mood is slightly more somber as the Wyeth vs. Levine ruling does not overturn their state's drug industry immunity law they've had on their books for over a decade.  This is the only such law in the country right now.

Last year, legislators tried to repeal the 1996 immunity law, but the legislation was held up in the Michigan Senate.  Last week, a trio of bills (HB 4316, HB 4317 and HB 4318) came out of the Michigan House of Representatives with the express purpose of fixing the legislation.  In light of yesterday’s Wyeth ruling, many of the arguments made against repealing this law suddenly no longer have any weight but the legislature will still have to act to restore Michigan citizen’s right to access the courts should they be harmed or killed by dangerous drugs.

Comments

[Repeal Michigan's Drug Industry Immunity Now!]

Even the most conservative USSC in recent memory rejected the ridiculous idea of Federal preemption being used to grant above the law immunity to manufacturers of drugs that injure or kill.

There must be something very powerful tying the hands of Michigan's Senate leadership. Are they really that beholden to the multi-national drug industry? What could force politicians to support a meritless
and dangerous law that is hated by 75% of their own constituents and ruled untenable by the USSC?

I'll bet the answer--whatever it is-- would be very interesting to people in Michigan and elsewhere.