LANSING – As opponents to Michigan’s 1996 law granting broad-based immunity to drug manufacturers continue efforts to win passage of HB 4044 , HB 4045 and HB 4046 in the Senate, the chair of the Senate Judiciary Committee said Monday he did not see any conditions right now under which he would hold hearings on the bills.

Sen. Wayne Kuipers (R-Holland) said that state residents claiming damages from the use of Merck’s now removed drug Vioxx have been able to get access to claims through class-action cases in New Jersey, Merck’s home state.

Kuipers made the comments as supporters of changes to Michigan’s law unveiled a new tactic in their effort: a YouTube video of two women charging their husbands’ health problems stemmed from them taking prescription drugs. In one, Leslie Richter said her husband died from strokes caused by taking Vioxx, while Leslee Wiltjer charges her husband suffered a stroke from taking Celebrex. Both were medications prescribed for arthritis. Vioxx has been off the market for several years; Celebrex is still prescribed for the condition.

Last month, Merck offered a settlement of $4.85 billion to claims against it over the use of Vioxx. Critics of the 1996 law that gives large-scale immunity to drug companies in Michigan have charged that the law is freezing out Michigan residents from that settlement.

Last week an attorney for Merck sent a letter to a number of media outlets, including Gongwer News Service, saying that any Michigan resident with a lawsuit pending or tolled at the time the settlement was announced would be eligible to participate in the settlement.

But critics of that letter said many state residents never pursued action because they were told the law was effectively absolute and barred their claims.

In the press conference on Monday both Richter – who is a claimant in the New Jersey class action suit, though she said she knew little about it ? and Wiltjer said they would do all they could to see the law repealed.

Dan Farough, executive director of Progress Michigan (one of the groups pushing for the repeal) said it took two years of pressure to convince the House to act on the bills ending the immunity. During that time the drug immunity bills were an issue in 2006 election in which Democrats took control of the House.

Farough also said he was certain that if the bills came up for a vote in the Senate, controlled by Republicans, that they would pass. “Public pressure will prevail,” he said.

But Kuipers said some 1,500 to 1,600 Michigan residents are taking part in the New Jersey class action case on Vioxx, so they have found a way to access the court in that state.

In researching the law and the cases, though he said he wanted to do more research on them, Kuipers said he was comfortable with the state’s law.

Asked if he would be willing to look at change if a Michigan drug manufacturer faced the same controversy as Merck, Kuipers said he would not be inclined so long as the manufacturer followed the directed process for drug approval, by going through all U.S. Food and Drug Administration requirements.

If individuals have complaints with how the FDA approves drugs, then they should take their complaints to Congress, Kuipers said.

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

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