LANSING – Rep. Ed Gaffney (R-Grosse Pointe Farms) plans to introduce legislation that would give prescription drug consumers recourse for faulty medications, which, if enacted, would repeal some of the drug company immunity in Michigan, where Pfizer, the world?s largest drug company, employs nearly 10,000 people.

The Michigan law that was enacted in 1996 currently thwarts any lawsuits against drug companies for injuries or deaths allegedly caused by a prescription drug if the U.S. Food and Drug Administration approved that drug.

Gaffney said that law was enacted when the state was trying to woo drug companies to Michigan, but since that time, some drugs had to be pulled off the market because of their related side effects.

“I think the drug companies don’t knowingly do it,” he said. “It’s not like I don’t like the drug companies, they give us a better life.”

Gaffney’s bill would allow plaintiffs to offer the court evidence that the drug was not safe to use.

The Health Policy Committee chair, who has been working on a draft of the legislation since at least September said he plans to roll out legislation sometime between Thanksgiving and Christmas.

Gaffney said he was drawn to the issue when a constituent in his district who also is a physician was paralyzed from a stroke believed to be caused by a prescription drug he was taking.

“He’s the major reason, but there are others like him,” Gaffney said. “I just want them to have the keys to the courthouse.”

Repealing the drug industry immunity, the only one in the nation, is not a new topic.

In September, after waiting for months, Democrats demanded their bills relating to repealing the immunity be discharged from committee. They ultimately were, but no vote has been taken in the House on any bill in the series (HB 4337, HB 5071, HB 5139).

Another bill (HB 4811) sponsored by Rep. Leon Drolet (R-Clinton Twp.) also was put on second reading but no vote has been taken on it yet.

Gaffney said that his legislation still maintains tort and punitive damage laws enacted in the 1990s, but consumers wrongly harmed would simply have an opportunity to present their side.

During the debate in September, House Speaker Craig DeRoche (R-Novi) had said he was concerned the legislation could force more liability onto drug companies, which could in turn make them leave the state.

He accused Democrats of politicizing the issue and said he wanted to address the law in traditional ways, including talking to representatives from Pfizer. However, at the time, DeRoche and other House leaders said they were busy working on the budget.

Now, House leaders have been feverishly working on a business tax/job creation plan since all sides agreed to securitize $1 billion of the state’s tobacco settlement money.

Gaffney speculated that DeRoche would not be able to take a stand for or against his legislation yet since it hasn’t been introduced.

At least one other Republican lawmaker who serves on the committee has come out in support for legislation repealing the law.

Rep. Dick Ball (R-Laingsburg) said that when a drug is pulled from the market that is when the drug company’s immunity should be stripped.

During session last week, Ball introduced two women in the gallery that he said would be visiting lawmakers’ offices to tell their stories of how side effects of two drugs injured their husbands.

House Minority Leader Dianne Byrum (D-Onondaga) said the gesture showed some Republicans were breaking ranks with DeRoche’s stance on the issue.

“Now I urge the entire Republican leadership to repeal an unfair law that protects drug companies but victimizes our citizens,” Byrum said in a statement. “Together, the House can send a powerful message to the drug industry: When their products hurt or even kill Michigan citizens, they will be held accountable. They cannot hide from our consumer protection laws behind an unfair, harmful law.”

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