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.”