Michigan Senate votes to end decades-old immunity law that protects drug makers, sellers
A bill to eliminate Michigan's broad immunity protection for drug manufacturers and sellers from product liability lawsuits passed the state Senate Wednesday.
For decades, state lawmakers have attempted to amend or repeal Michigan's drug immunity law created in 1995. They've introduced at least 19 bills to do so. The first one was introduced in 1999, according to a legislative analysis.
Widely considered the nation's toughest drug immunity protection, Michigan's law has hindered Michigan attorneys general's pharmaceutical liability actions in the past.
"Michigan is the only state that statutorily offers drug manufacturers a blanket defense for products liability," a legislative analysis of Senate Bill 410 to repeal the immunity law states. If Gov. Gretchen Whitmer signs the bill into law, it would open the door to liability lawsuits against drug makers and sellers.
Bill sponsor state Sen. Jeff Irwin, D-Ann Arbor, called his legislation long overdue and said he was ecstatic to see it brought to the Senate floor in a speech delivered just before the vote. Michigan's drug immunity law has left residents and their families without recourse through the legal system to hold drugmakers and sellers accountable when they are hurt or killed by their products, Irwin said.
"So my proposal is that we repeal that unique law that has left Michigan residents out of millions of dollars in settlements. That we repeal this unique law that has also prevented the state itself from gaining compensation when drugs hurt or kill people as part of the Medicaid program," Irwin said. His bill passed with bipartisan support. Eight out of 18 GOP state senators voted against it.
The current drug immunity law creates an exemption from such product liability actions if the drug and its labeling is in compliance with U.S. Food and Drug Administration approval at the time of its distribution or sale. The law creates an exception to the drug immunity in cases when the FDA's approval was fraudulently obtained.
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The Michigan Manufacturers Association and Michigan Chamber of Commerce are opposed to the proposed repeal of Michigan's drug immunity law and emphasize the FDA's approval is more than just rubber stamping a drug as safe and point out that the law still provides a path for lawsuits in cases of wrongdoing by a drug manufacturer or seller uncovered by the federal agency.
In a letter to lawmakers, the head of the Michigan Biosciences Industry Association — the state's life sciences trade association — called the proposed repeal an "assault" on the industry that will impose new costs on companies and, in turn, patients.
Irwin's legislation heads next to the state House for consideration.
Contact Clara Hendrickson at chendrickson@freepress.com or 313-296-5743. Follow her on X, previously called Twitter, @clarajanehen.
This article originally appeared on Detroit Free Press: Michigan drug immunity law repeal passes state Senate
