The house voted to repeal a 10-year-old law that strictly limits anyone from suing a drugmaker, unless they can prove the company deliberately withhled or misrepresented info that would have caused the FDA not to approve the medicine.

Why is this significant? Michigan is the only state in the country with such a law. And the legislation is seen as something of a temperature reading of the public mood toward the pharmaceutical industry. And the thermometer says……cold, very cold!

Democrats, who control the House, argue the 1996 law harms patients who have no recourse in state courts, leaving drugmakers unaccountable for making harmful products. The Michigan Trial Lawyers Association calls it the most restrictive in the nation. “Study after study has shown that we can’t rely on the FDA to keep us safe. We must act,” said Rep. Mike Simpson, a Democrat, told the Associated Press. Another bill, which also passed, would allow lawsuits to be filed retroactively.

Opponents say the bills would raise drug prices and hurt Michigan’s efforts to recruit life sciences jobs, especially at a time when Pfizer is closing some operations. Rep. Tonya Schuitmaker, a Republican, calls this a “nail in the coffin for affordable medicine.” State Republicans, who control the Senate and vow to defeat the legislation, say a few other states have similar laws and charge the bills will help trial lawyers more than ordinary citizens.

There’s only one way to find out. So chew on this: A justice system that encourages accountability - by companies and individuals equally - serves everyone. A system that arbitrarily throws up protective barriers to shelter a privileged few serves no one.

[tags]Michigan, Product Liability[/tags]