House Democrats have renewed their attention to the state’s “drug immunity” law following the Michigan Supreme Court’s action this week refusing to hear a case. House Bill 4440 was introduced this session by Representative Lisa Brown (D-West Bloomfield) to repeal the statute, and House Bill 4650 was introduced by Representative Jim Ananich (D-Flint) to establish consumer protections.
Former Michigan Attorney General Mike Cox filed suit again pharmaceutical manufacturer Merck in 2008 in regards to their drug Vioxx, medication that had been linked to increased risk of heart attacks. At that time, the AG claimed the suit was filed under the Medicaid False Claim Act; however, the Michigan Court of Appeals found that it was a product liability action – not permitted in Michigan
The Supreme Court’s decision not to hear the case upholds the lower Court’s decision and prevents the state from seeking the $20 million from Merck.
Many feel the issue has been a winner for Democrats in previous elections and the Caucus’s attention to the issue began with a press conference and attempted action on the House floor. Rep. Brown made motions for both bills to be discharged from the House Judiciary Committee with both motions being postponed for the day without discussion.