On Thursday, Michigan Governor Gretchen Whitmer signed bipartisan legislation repealing Michigan’s immunity shield for drug manufacturers. This makes Michigan the final state in the nation to repeal the shield and allow Michiganders to hold drug companies accountable if they or a family member are harmed.
“Today, Michigan joins every other state in the nation as we create a stronger path to hold drug companies accountable in cases of wrongdoing,” said Whitmer.
“When you take a prescription drug, you should have confidence to know that it is safe, and if it harms you or your family, you deserve accountability. By fighting for consumers, we will also ensure that companies doing good work can outcompete and outperform companies that prioritize padding their profits over delivering quality products for people. Let’s keep working together to make Michigan a safer place where you can get better when you’re sick and have a great quality of life.”
“Michigan has been alone in preventing residents from seeking justice when pharmaceutical companies harm them or someone they love," said State Senator Jeff Irwin (D-Ann Arbor). “The repeal of our state’s immunity law for the drug industry restores accountability for drug manufacturers, and vital access to justice for our state and its people.”
Senate Bill 410, sponsored by Irwin, repeals Michigan’s only-in-the-nation law that prevented state lawsuits against drug manufacturers. Now, 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.
Over the last few years, several states have worked together to secure settlements for impacted citizens from opioid manufacturers. Cumulative settlements from the opioid crisis have exceeded $54 billion. Thanks to Michigan Attorney General Dana Nessel, Michigan will receive nearly $800 million, which will be used to help communities better address the opioid crisis by funding effective treatment. While the attorney general secured this huge win, Michigan’s drug immunity law made it more difficult.
Michigan’s immunity shield law was also cited by a federal judge earlier this year in a $425 million settlement against a company whose heartburn drugs caused chronic kidney injuries. However, because of the immunity shield, the judge dismissed the claims of nearly 200 Michiganders in the case, and people who were harmed missed out on money they deserved. By repealing the immunity shield and joining every other state, Michiganders will be able to get the restitution they deserve in settlements against drug manufacturers.
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