Whitmer repeals broad immunity protection for drug manufacturers

Gov. Gretchen Whitmer on Thursday signed a bill repealing Michigan's immunity protection for drug manufacturers, widely considered the hardest in the nation for consumers pursuing lawsuits against pharmaceutical companies to overcome.

"By repealing the immunity shield and joining every other state, Michiganders will be able to get the restitution they deserve in settlements against drug manufacturers," Whitmer's office said in a release celebrating her signature on the legislation.

State lawmakers have tried for years to amend or repeal the law created in 1995 that made Michigan the sole state giving drug manufacturers such a far-reaching defense against product liability claims with the lone exception in cases where product approval from the U.S. Food and Drug Administration was fraudulently obtained.

Senate Bill 410 signed by Whitmer follows at least 19 bills introduced by state lawmakers since 1999 to change or eliminate Michigan's drug immunity law, according to a legislative analysis.

"Today, Michigan joins every other state in the nation as we create a stronger path to hold drug companies accountable in cases of wrongdoing," Whitmer said in a statement after she signed the bill. "When you take a prescription drug, you should have confidence to know that it is safe, and if it harms you or your family, you deserve accountability."

Bill sponsor state Sen. Jeff Irwin, D-Ann Arbor, said with his legislation signed into law, Whitmer brings accountability for drug manufacturers and a path for recourse for those harmed by their products. "Michigan has been alone in preventing residents from seeking justice when pharmaceutical companies harm them or someone they love," Irwin said in a statement.

The state's drug immunity law has hindered Michigan attorneys generals' pharmaceutical liability actions in the past. "This has factored into the inability of multiple administrations of the Department of Attorney General to straightforwardly address the conduct of certain companies in the context of the opioid epidemic and recovery of taxpayer dollars paid out from the Medicaid program due to fraud," Attorney General Dana Nessel's office said in a news release.

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Nessel joined Whitmer at a bill signing ceremony in Flint to celebrate the repeal.

"This bill was never about opening the floodgates of litigation; it's always been about putting Michigan and its residents on an even playing field with the rest of the country," Nessel said in remarks during a bill signing event in Flint, according to a press release from her office. "We all owe a debt of gratitude to the many legislators who took up this mantle in the past, and to Senator Irwin, the legislature, and the Governor for scoring this win for drug safety, for accountability, and for Michigan today."

Irwin's bill passed with wide bipartisan support though a majority of GOP lawmakers in the state House voted against the legislation. Industry and business associations including the Michigan Manufacturers Association, Michigan Chamber of Commerce and the Michigan Biosciences Industry Association opposed the legislation.

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 protection law repealed