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Friday, April 10, 2009
Michigan Debating a Repeal of Law Preventing Pharmaceutical Liability Lawsuits
For the last 13 years, Michigan residents have been unable to sue drug manufacturers for damages when their defective pharmaceutical products cause serious injury. In 1995, the state passed a law shielding pharmaceutical companies from product liability lawsuits if the drug was approved by the Food and Drug Administration (FDA). Under this law, the drug manufacturers must have truthfully represented all of the research about the drug to the FDA in order to receive immunity from lawsuits.
The Michigan legislature passed this law in the belief that it would help bring pharmaceutical companies to Michigan, thereby creating many jobs for the state’s struggling economy. However, the law has not produced its desired results. In recent years, many pharmaceutical companies have actually moved their operations out of Michigan to states that did not have similar immunity laws.
There is an obvious ethical question associated with this law. Is sacrificing the rights of injured victims acceptable to create new jobs? The many Michigan residents who have been unable to receive fair compensation for injuries caused by the negligent actions of pharmaceutical companies most likely do not feel that it is acceptable. How can a state reasonably justify placing corporate profits and the creation of jobs over human rights?
Recently, Michigan Democrats have proposed a bill that would repeal this law. If it passes, Michigan residents would once again have the ability to hold drug manufacturers accountable when their products inflict serious injury on unsuspecting consumers. However, this bill faces strong opposition by state Republicans, and it is uncertain whether it will pass.
Interestingly, Michigan’s immunity law was not affected by last month’s U.S. Supreme Court ruling in Wyeth v. Levine, which stated that pharmaceutical companies should not be protected from lawsuits under the doctrine of preemption.
It will be interesting to see how this bill plays out in the Michigan state legislature. This bill carries high stakes for many people on each side of the debate.
If you have suffered an injury from taking a dangerous or defective drug, the attorneys at The Cochran Firm can help you receive the fair compensation you deserve. Our product liability lawyers have years of experience fighting major pharmaceutical companies in defective drug claims, and we have the skills and resources needed to provide you with the greatest likelihood of success in your claim.
Please contact The Cochran Firm today to schedule an appointment with one of our experienced product liability attorneys. We serve clients nationwide.
The Michigan legislature passed this law in the belief that it would help bring pharmaceutical companies to Michigan, thereby creating many jobs for the state’s struggling economy. However, the law has not produced its desired results. In recent years, many pharmaceutical companies have actually moved their operations out of Michigan to states that did not have similar immunity laws.
There is an obvious ethical question associated with this law. Is sacrificing the rights of injured victims acceptable to create new jobs? The many Michigan residents who have been unable to receive fair compensation for injuries caused by the negligent actions of pharmaceutical companies most likely do not feel that it is acceptable. How can a state reasonably justify placing corporate profits and the creation of jobs over human rights?
Recently, Michigan Democrats have proposed a bill that would repeal this law. If it passes, Michigan residents would once again have the ability to hold drug manufacturers accountable when their products inflict serious injury on unsuspecting consumers. However, this bill faces strong opposition by state Republicans, and it is uncertain whether it will pass.
Interestingly, Michigan’s immunity law was not affected by last month’s U.S. Supreme Court ruling in Wyeth v. Levine, which stated that pharmaceutical companies should not be protected from lawsuits under the doctrine of preemption.
It will be interesting to see how this bill plays out in the Michigan state legislature. This bill carries high stakes for many people on each side of the debate.
If you have suffered an injury from taking a dangerous or defective drug, the attorneys at The Cochran Firm can help you receive the fair compensation you deserve. Our product liability lawyers have years of experience fighting major pharmaceutical companies in defective drug claims, and we have the skills and resources needed to provide you with the greatest likelihood of success in your claim.
Please contact The Cochran Firm today to schedule an appointment with one of our experienced product liability attorneys. We serve clients nationwide.
Labels: Detroit
posted by Benjamin A. Irwin at 10:14 AM
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