To Sue a Drugmaker: Michigan Law Changing?

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That’s if state Democrats have their way. They want to repeal a 10-year-old law, which strictly limits anyone from suing a drugmaker unless they can prove the company deliberately withheld or misrepresented info that would have caused the FDA to withhold approval.

Michigan is the only state in the nation with such a law, which state Rep. Mike Simpson, a Democrat, calls “draconian” and is criticized as creating second-class status for state residents.

“We don’t have the same rights as all the other people in the U.S. That’s wrong,” Leslie Richter told mLive.com. She believes her husband died in 2003 after taking Vioxx.

The bill may go to the House for a full vote, but its fate is unclear, since Republicans control Michigan’s senate and some say a repeal would lead to frivolous lawsuits.

In any event, the effort is yet another signal that drugmakers will continue to face blistering scrutiny over their conduct. The potential profits from widely used drugs are huge and public health is at stake, so scrutiny seems only fair.

After all, no one wants to be harmed by a company’s product. Even people who work for a drugmaker.

[tags]Product Liability[/tags]

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  1. Drugmaker liability in Michigan

    Bill Childs and Pharmalot have more on the efforts by trial lawyers and Democratic lawmakers in Michigan to do away with that state’s unique-in-the-nation liability protections for drug designs and warnings that are duly approved by the federal governm…

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