Featured photo courtesy of Michigan Executive Office of the Governor
Written by Tanya Terry
Lansing area resident Leslie Richter’s husband lost his life as a result of taking the prescription drug Vioxx. When Richter first went to Governor Gretchen Whitmer’s office, she was in a wheelchair and was in tears. She has stayed in the fight against Michigan’s immunity shield for many, many years. She is one of numerous Michigan residents who is happy to know other Michigan residents will not have to endure what she has after losing the love of her life.
For the first time in 30 years, residents and state and local governments can sue pharmaceutical companies and distributors for injuries caused by their products. Whitmer has signed bipartisan legislation repealing Michigan’s immunity shield for drug manufacturers.
Senate Bill 410, sponsored by Senator Jeff Irwin (D-Ann Arbor), repeals Michigan’s law that prevented state lawsuits against drug manufacturers. Michigan was the only state in the nation that forbid lawsuits of this type, being the last state to repeal the shield. The shield banned individual lawsuits of this nature and banned Michigan residents from collecting monies that otherwise would be due to them from class action lawsuits against pharmaceutical companies and distributors.
At an event held December 7 at Genesee County Probate Courthouse in Flint, Irwin said over the past 25 years, there has been an increase in the number of residents who rely on pharmaceuticals as part of their healthcare.
Irwin pointed out that previously people would come before the Legislature and say they lost their grandparent or their child because of a drug, or that their loved one was otherwise negatively affected.
“The Legislature said: ‘There’s nothing we’re willing to do,’” explained Irwin.
He added this was because of a “terrible law” that did “nothing but take rights away from our citizens.”
Attorney General Dana Nessel said previously she felt helpless when trying to protect residents despite her position and notable victories. Nessel had attended a special meeting in Washington, D.C. where she sat at a table with all the other attorney generals in the United States and its territories. This was especially bothersome to Nessel, knowing Michigan residents suffered as much harm as residents in other U.S. states and territories. Nessel said the legislation creating the shield should have never been passed, and it shouldn’t have taken this long to repel.
Attorney Tiffany Ellis pointed out more than a million people go to the emergency room each year because of bad drugs. About 350,000 of these people have had to get continuing care.
According to Michigan.gov, in 1995, Michigan passed legislation that made the state the only one in the nation that protected drug manufacturers and sellers from liability stemming from the safety and efficacy of their products.
Other sponsors of Senate Bill 410, repelling the legislation were Rosemary Bayer, Mary Cavanagh, Stephanie Chang, Erika Geiss, Mallory McMorrow, Dayna Polehaki and John Cherry.
