Michigan Senate Republicans reject pharmaceutical liability
On June 2, 2009, the State Senate majority voted on a straight party line to maintain immunity for drug company negligence. After several years of disclosures evidencing the inability of the FDA to adequately monitor drug safety, and the U.S. Supreme Court's rejection of pharmaceutical immunity, State legislators attempted to revoke Michigan's one-of-a-kind immunity for FDA-approved drugs. The immunity had been granted as part of "tort reform" during the Engler era, even for drugs that were approved as a result of fraud by the manufacturer.
"Michigan's one-in-the-nation drug industry immunity law treats Michigan victims like second-class citizens, a status that's further reinforced every time the Senate Republicans delay even discussing this issue," added Sen. Gretchen WHITMER (D-East Lansing). "While Mike Bishop and his colleagues cowardly hide behind the argument that this issue is not germane to the budget and economic issues before us, they take up legislation to address double-crested cormorants or create more specialty license plates."
Even a cursory review of the Product Liability entries in this web log will document the lack of wisdom in maintaining this immunity in Michigan only. It is a creation of special-interest lobbying and dollars. It deprives injury victims of a fair hearing in court with no countervailing benefit to the public policy of the state.