MICHIGAN DRUG IMMUNITY LAW REPEALED

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.