2009 House Bill 4317 (Allow retroactive lawsuits against FDA approved drugs )

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Introduced by Rep. Deb Kennedy (D) on February 17, 2009, to allow retroactive lawsuits back to 1996 to be filed for three years against drug makers for drugs approved by the U.S. Food And Drug Administration (FDA) that were sold in Michigan since 1996. The bill is tie-barred to House Bill 4044, which would repeal a 1996 tort reform law under which such lawsuits were prohibited over FDA approved drugs.
- Referred to the House Judiciary Committee on February 17, 2009.
- Reported in the House on March 18, 2009, without amendment and with the recommendation that the bill pass.
Passed in the House (56 to 53) on March 26, 2009. [Vote Details and Comments]
Received in the Senate on March 31, 2009.
- Referred to the Senate Government Operations and Reform Committee on March 31, 2009.

Most Recent Comments

1) Re: 2009 House Bill 4317 (Allow retroactive lawsuits against FDA approved drugs ) [by bugman on March 31, 2009]

this is an EX POST FACTO law, and thereby unconstitutional.

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2) Re: 2009 House Bill 4317 (Allow retroactive lawsuits against FDA approved drugs ) [by Admin003 on March 26, 2009]

Reps. Hildenbrand and Haines, having reserved the right to explain
their protest against the passage of the bill, made the following
statement:

“Mr. Speaker and members of the House:

Under current Michigan law, lawsuits against pharmaceutical drug makers
are prohibited if the drug was deemed safe by the United States Food
and Drug Administration.

I oppose this bill to change the law because it includes a provision
making the change retroactive, which punishes law-abiding businesses
for doing nothing more than following the law that the Legislature
passed. Punishing someone for something that was legal at they time
they did it is not only unfair, it will also set a chilling and
dangerous precedent that will discourage job providers from investing
in our state.

I am also concerned about what this change will do to the skyrocketing
cost of health care. Pharmaceutical drugs undergo rigorous clinical
testing and review by the Food and Drug Administration to ensure that
medications are as safe as possible. But it is impossible to make a
drug that is 100 percent safe. Ending the FDA defense would invite a
flood of new lawsuits from personal injury lawyers interested solely in
bilking drug companies - not protecting Michigan residents.

Prescription drugs are helping millions of people to enjoy healthier
longer lives. But our ability to research and develop new drugs will be
seriously diminished if we allow frivolous lawsuits against drug
manufacturers, and the cost of life-saving medicine will rise.”

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3) 2009 House Bill 4317 (Allow retroactive lawsuits against FDA approved drugs ) [by admin on January 1, 2001]
Introduced in the House on February 17, 2009

The vote was 56 in favor, 53 opposed and 1 not voting

(House Roll Call 90 at House Journal 0)

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