LANSING – State Representative Bob Constan (D-Dearborn Heights) today voted in favor of a package of bills that will end the absolute immunity enjoyed by the drug industry in Michigan and allow consumers to hold big drug companies accountable when dangerous drugs such as Vioxx harm or kill. House Democrats had been trying for nearly two years to get a vote on the package. The bills are now headed to the Senate.
"Michigan residents who have been harmed by dangerous drugs are one step closer to finally being able to hold big drug companies accountable," Constan said. "I urge my colleagues in the Senate to pass these bills so that Michigan can repeal its one-of-a-kind law that puts profits ahead of people. This is the right kind of change for Michigan, and it's the right thing to do for our residents."
In the wake of scandals surrounding drugs such as Vioxx, there have been revelations that many members of FDA drug-approval boards have ties to the pharmaceutical industry. Last week, National Public Radio aired a story about members of Congress who are taking issue with how the FDA monitors new drugs and how much it is influenced by the drug industry.[1] Senator Chuck Grassley (R-Iowa) also recently railed against the FDA, saying that the FDA is too cozy with drug companies.[2] The public testimony of FDA scientists such as Dr. David Graham indicate that the FDA's system for drug evaluation is "broken." [3]
The package of bills will:
- Repeal a 1996 law granting legal immunity to drug companies. Passed by then-Governor John Engler and the Republican-controlled Legislature, the law gives companies complete immunity from legal action so long as the drug in question has been approved for safety and efficacy by the U.S. Food and Drug Administration.
- Make the repeal retroactive so residents harmed by dangerous drugs since 1996 can seek legal recourse.
- Include big drug companies in the Consumer Protection Act, from which they are currently exempt.
[1] Silberner, Joanne, "Lawmakers Take a Hard Look at FDA, Drugs," National Public Radio, Feb. 14, 2007.
[2] Kelly, Matt, "Grassley to Testify About FDA Concerns," Radio Iowa, Feb. 13, 2007.
[3] Testimony of David Graham, associate director for science and medicine in the FDA's Office of Drug Safety, before the Senate Finance Committee, Nov. 18, 2004.