LANSING – For the second time in as long as Democrats have controlled the House, legislation repealing state lawsuit protections for pharmaceutical companies has been passed. But a measure allowing residents harmed by a drug since 1996, when the protection was enacted, to retroactively sue saw the narrowest support in the chamber. Eleven Democrats joined 42 of 43 Republicans in opposing the move.

Sent to the Senate were HB 4316 (61-48), HB 4317 (56-53) and HB 4318 (61-48).

In addition to repealing the lawsuit protection, the bills give people three years to take their claim to court if they have been harmed by a drug over the past 13 years. The package also puts drug companies under the Consumer Protection Act, which would allow civil lawsuits to be filed if a business misrepresented its product.

Critics of the bills argue it will generate more lawsuits, hiking the cost of drug companies doing their work, which will stifle innovation.

“This is a lawyers’ buffet,” said Rep. David Agema (R-Grandville). “Every person has different reactions to different drugs.”

But proponents of the legislation argue Michigan’s law goes further than any other state in protecting drug companies from lawsuits when their products harm or kill someone.

“The drug companies have to be held liable,” said Rep. Vicki Barnett (D-Farmington Hills), who told reporters and her colleagues that her mother, who had several miscarriages, took a drug to protect against that. But the side effect to taking that drug was that daughters of those women had problems conceiving and others had to go through surgeries early in life.

Both sides disputed the economic effect of the legislation, with proponents of the bills arguing it has not protected the state from job loss in the pharmaceutical industry, while opponents said having a retroactive feature scares all companies looking to do business in Michigan.

But people who have been harmed deserve their day in court, which is why the bill is retroactive, said Rep. Mark Meadows (D-East Lansing).

While expressing disappointment in the legislation, Wendy Block of the Michigan Chamber of Commerce said groups like hers that oppose the bills are in a better position today than two years ago when the bills garnered more support in the House. The FDA bill garnered 70 votes last term, but 61 votes on Thursday.

But advocates of the bills, including the group Drug Industry Immunity Must End (DIIME), applauded the House passage and asked the Senate to act quickly on the measures.

This story was provided by Gongwer News Service. To subscribe, click on Gongwer.Com

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