LANSING – State Representative Marc Corriveau (D-Northville) today joined his House colleagues in calling for a bipartisan effort to end the absolute immunity enjoyed by the pharmaceutical industry in Michigan and to allow consumers to hold big drug companies accountable when dangerous drugs such as Vioxx harm or kill. The House passed the package more than a year ago – on Feb. 22, 2007. It has been awaiting action in the Senate since that time.
"A year has passed since the House approved a plan that will put people before profits, but the big drug companies are still getting a free ride in Michigan," Corriveau said. "The Senate must act to give our residents a voice when dangerous prescription drugs harm or kill. We cannot allow drug companies to get off scot-free as our residents suffer."
The package of bills will:
- Repeal a 1996 law granting legal immunity to drug companies. Passed by then-Governor John Engler and the Republican-controlled Legislature, the law gives companies complete immunity from legal action so long as the drug in question has been approved for safety and efficacy by the U.S. Food and Drug Administration.
- Make the repeal retroactive so that residents harmed by dangerous drugs since 1996 can seek legal recourse.
- Include big drug companies in the Consumer Protection Act, from which they are currently exempt.
Corriveau also announced the launch of an online petition today that calls on the Senate to act immediately to end the special treatment big drug companies receive in Michigan. The public can go to www.housedems.com to sign the petition.
The House has been fighting to repeal drug immunity since 2005, when 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.[1]
Bextra was taken off the market by drug maker Pfizer in 2005 due to an increased risk of heart attack and serious skin reactions among the painkiller's users. 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.[2]
In the fall, Merck agreed to pay $4.85 billion to settle thousands of cases brought by people who suffered heart attacks and strokes after taking Vioxx.
Another Michigan resident, Kimberly Kent, is challenging Michigan's one-of-a-kind drug-industry immunity law before the U.S. Supreme Court. In the landmark case, she is suing the maker of Rezulin for causing her mother's death. The court will decide the question of whether manufacturers of products in America will receive immunity from litigation if one or more federal agencies regulate and approve those products.
"For far too long our residents have been powerless against big drug companies when products like Vioxx and Rezulin destroy lives," Corriveau said. "The House passed a plan a year ago to protect our residents, and the Senate has done nothing but stonewall. The Senate must take action to put people ahead of profits and pass the plan that will end drug industry immunity in Michigan once and for all."