MICHIGAN DRUG IMMUNITY LAW REPEALED

Published by Bill Laubscher at February 29, 2024

Gavel Book and Legal Scales of Justice sitting on a Desk

Drug manufacturers and distributors are no longer exempt from liability in Michigan civil lawsuits following the repeal of a 1995 law that provided these companies with comprehensive immunity for the past three decades.

The new legislation, Senate Bill 410, passed with a wide margin of bipartisan support after years of failed attempts to end Michigan’s immunity protection for pharmaceutical companies. The bill eliminates provisions in the Michigan Product Liability Act (Public Act 249) that protected drug manufacturers from liability as long as the drug in question was legitimately approved by the FDA and its labeling complied with federal law. This narrow standard hampered the ability of government officials and consumers to sue companies that engaged in deceptive marketing and other wrongful practices that caused harm to individuals and their families.

Before the new bill was signed into law by Governor Gretchen Whitmer at the end of 2023, Michigan was the only state that shielded drug companies from liability for issues relating to the safety and effectiveness of their products.

Although Michigan won approximately $800 million in a multi-state lawsuit against several opioid manufacturers, Michigan Attorney General Dana Nessel said the immunity law made the process more difficult.

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In addition, U.S. District Judge Denise Hood cited the Michigan Product Liability Act as the basis for dismissing nearly 200 Michigan-based claims in a federal lawsuit against the major pharmaceutical manufacturer AstraZeneca, whose heartburn drugs were found to cause kidney problems. While the company ultimately settled the case for $425 million, the immunity law prevented Michigan residents from participating in the proceedings and receiving compensation.

WE ARE PROUD TO FIGHT FOR VICTIMS OF NEGLIGENCE AND WRONGDOING BY GREEDY CORPORATIONS

The Sam Bernstein Law Firm applauds the repeal of the drug immunity law and looks forward to helping victims of companies who put profits before safety and integrity.

“We have a decades-long history of fighting injustice and holding greedy corporations accountable for their illegal actions,” said Mark Bernstein, CEO and Managing Partner of The Sam Bernstein Law Firm. “Our most important mission is protecting vulnerable individuals and winning the compensation they deserve.”

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