LANSING – The Michigan House of Representatives today took a stand for Michigan residents who have been harmed by dangerous prescription drugs by voting to repeal a state law that gives drug companies complete immunity when their products harm or kill.
"Today we moved one step closer to repealing Michigan's law that protects big drug companies when their products harm or kill Michigan residents – the only law of its kind in the country," said State Representative Lisa Brown (D-West Bloomfield). "The people of Michigan deserve the same consumer protections as everyone else in the nation. We must put an end to special protections for the big drug companies and make sure that people are put before profits."
House Democrats have been fighting to repeal drug industry immunity since 2005. The House took action to end drug industry immunity in 2007, but the plan met with opposition in the Republican-controlled Senate. The plan that passed the Michigan House today will:
- Repeal a 1996 law granting immunity to drug companies. Passed by then-Governor John Engler and the Republican-controlled Legislature, the law gives companies complete immunity in Michigan when their products harm or kill if the drug has been approved by the U.S. Food and Drug Administration (FDA).
- Make the repeal retroactive so Michigan residents who have been harmed by dangerous drugs since 1996 can
hold drug companies accountable.
- Include drug companies in the Consumer Protection Act, from which they are exempt.
"Michigan residents have been silenced by our state's unfair law for 13 years, and that's far too long," said State Representative Deb Kennedy (D-Brownstown). "This plan will empower our residents to hold drug companies accountable when their products destroy their health or kill a loved one, and it gives a voice to those who have suffered in silence for years. I urge the Senate to take quick action on this plan."
Recent action in the U.S. Supreme Court and in Georgia has called attention to the flaws in Michigan's drug industry immunity law.
The U.S. Supreme Court ruled on March 4 that a drug manufacturer is responsible for the content of its label if the product causes harm or death, despite FDA approval of the label.1 The ruling came in the case of a woman who took action to hold drug maker Wyeth accountable when she lost her arm to gangrene after being injected with an anti-nausea medication.
Georgia's Governor proposed a drug industry immunity law for that state that would be similar to Michigan. The measure met with opposition from the Republican-controlled Senate. An editorial in the Atlanta Journal-Constitution called the plan a "poison pill" that would "create a liability-free haven for drugmakers."2
"Drug companies must be held to the same standard as any other company that does business in Michigan," said State Representative Dian Slavens (D-Canton). "The stakes are even higher for drug companies – a faulty prescription drug can be a matter of life or death for our residents. If a company sells a product that harms or kills, we must allow our residents to hold them accountable – it's just that simple."
In 2005 claims by 187 Michigan residents against Warner-Lambert, maker of the diabetes drug Rezulin, were dismissed by a New York federal court judge because of the Michigan law. Rezulin was pulled off the market in 2000 after it was linked to nearly 400 deaths and thousands of cases of liver failure.3 Vioxx, an anti-inflammatory drug that its maker, Merck, pulled off the market in 2004, may have caused heart attacks or cardiac deaths in up to 139,000 Americans, based on Merck's own studies.4 Bextra was taken off the market in 2005 due to an increased risk of heart attack and serious skin reactions among the painkiller's users.
In the wake of scandals surrounding drugs such as Vioxx, Rezulin and Bextra, there have been revelations that members of FDA drug-approval boards have ties to the pharmaceutical industry. The public testimony of FDA scientists such as Dr. David Graham has indicated that the FDA's system for drug evaluation is "broken."5
"We've taken a significant step today toward holding drug companies accountable," said State Representative Mark Meadows (D-East Lansing), Chair of the House Judiciary Committee. "Our residents have gone without justice for far too long. I am calling on my colleagues in the Senate to take a stand for our residents and take quick action on this plan to end drug industry immunity in Michigan."
1 U.S. Supreme Court, Wyeth v. Levine, March 4, 2009
2 The Atlanta Journal-Constitution, "Drugmaker immunity is a poison pill," Jan. 14, 2009
3 Anstett, Patricia and Norris, Kim. "Michigan Rezulin lawsuits tossed," Detroit Free Press, Feb. 25, 2005
4 Testimony of David Graham, associate director for science and medicine in the FDA Office of Drug Safety, before the Senate Finance Committee, Nov. 18, 2004
5 Graham testimony before the Senate Finance Committee, Nov. 18, 2004