Health Care, Health Insurance, Health Regulations

Re: 2009 House Bill 4316 (Repeal FDA approved drug lawsuit ban )

Admin003 — Wed, 03 Jun 2009 14:34:49 GMT

Senator Gleason’s statement is as follows:

Many in this chamber were waiting for this day, and so were many Michigan citizens waiting for this day. On the day that this was postponed, there were statements made from this floor that many other states have this same criteria to be met and that particular groups had not been invited in to be part of the discussion. All these days have past to meet with those numerous groups. Delaying this does not answer the question of whether the individual who was talking about meeting with these groups has actually talked and discussed how this might affect those interests.

We can’t deny the fact that there are already Michigan citizens who have been harmed by these drugs. In regard to the delay, many of those who have been harmed and have been asking for relief, we said a month or so ago that we would give them relief today. So let’s do what we said we were going to do. We have to decide what side we are on in this—whether we are going to keep pushing back from June 2, after the great hope that was given to many of the people we represent. Let’s do the right thing and vote on this issue today.

We shouldn’t say that we are going to do something and not do it. We shouldn’t say that we are going to meet with particular groups and not meet with them. We shouldn’t say that we are not going to give you justice on June 2, but we will do the best we can on October 2. As I said a month ago, if we were certain that we would vote on this issue today, June 2, then I had no objection to that. But this is not new, and there is nothing we can gain by moving this back to October. This has been hashed out for years now. Let’s do the right thing and give our citizens our vote. Let’s have them find out on June 2, rather than on October 2, whether we are on the side of those who have harmed and killed them, or if we are on their side.

Re: 2009 House Bill 4316 (Repeal FDA approved drug lawsuit ban )

Admin003 — Wed, 03 Jun 2009 14:33:39 GMT

Senators Whitmer and Gleason, under their constitutional right of protest (Art. 4, Sec. 18), protested against the motion to postpone until October 2 the motion to discharge the Committee on Government Operations and Reform from further consideration of House Bill Nos. 4316, 4317, and 4318 and moved that the statements they made during the discussion of the motion be printed as their reasons for voting “no.”

The motion prevailed.

Senator Whitmer’s statement is as follows:

I would like to speak against changing this vote again. I would like to remind the majority that they picked this date to have this vote, so let’s have this vote today on this date. This is about citizens’ rights. June 2 was the date that you chose to have the vote on whether or not Michigan citizens were going to continue to be treated as second-class citizens. June 2, let’s have the vote today is what you said. So are we going to continue to treat Michigan citizens as second-class citizens? June 2, let’s make that decision. Now you want to move that date back to October.

The people of the state of Michigan deserve to know what you think. Should they have the same rights as the people in the other 49 states or not? Do they deserve to be treated as second-class citizens, or should they have the same rights? You chose June 2; I say great. Let’s have the vote today, June 2. You control the votes in this chamber. You have reminded us all along that you are in the majority. You have the control, so let’s put this up for a vote today, June 2, the day that you chose to have this vote.

I say let’s not postpone this any longer. People of this state deserve to have their Senators cast the vote on their rights. Let’s vote today. I ask that we not postpone this any longer. Let’s give them their vote, and vote today as you said that we should.

Re: 2009 House Bill 4316 (Repeal FDA approved drug lawsuit ban )

gypsy — Thu, 07 May 2009 01:27:09 GMT

The Republican party again comes to the defense of big business, at the expense of the people and their rights.

Re: 2009 House Bill 4316 (Repeal FDA approved drug lawsuit ban )

Admin003 — Wed, 06 May 2009 17:00:15 GMT

Senator Jacobs’ statement is as follows:

I actually wasn’t planning on speaking to this. I guess I am very moved by the Senator from the 32nd District’s floor speech just now. Yes, indeed, we have not heard from all of those organizations, all of those interest groups, all of the lobbyists who are getting paid handsomely for their ability to have their voices heard. Who we have heard from are the very people in our districts who want us to deal with this—the very people whom we all represent who often can’t afford to pay a lobbyist to make their positions known.

Let us stand up for the people in our districts who want this. I vehemently oppose the postponement of these calendar items.

Re: 2009 House Bill 4316 (Repeal FDA approved drug lawsuit ban )

Admin003 — Wed, 06 May 2009 16:59:43 GMT

Senator Cherry’s statement is as follows:

I rise to oppose the postponement of consideration of these bills to June 2nd. As I heard from the Majority Floor Leader his belief that we can’t do this now because, first of all, we are playing politics, I have never known dealing with people’s health, safety, and livelihood that that is an issue of politics. It never has been and nor should it be.

Secondly, we do have very serious problems in this state. The budget, of course is one, and there are people working on that now. We are able in this body to do more than one thing at a time.

That is why people elected us. They elected us to solve the problems of this state, and this is one of those problems.

We should not continue to postpone it because postponing is really an issue of politics.

Re: 2009 House Bill 4316 (Repeal FDA approved drug lawsuit ban )

Admin003 — Wed, 06 May 2009 16:59:24 GMT

Senator Gleason’s statement is as follows:

June 2nd—it is a lovely month and a lovely day, but it is just another number to pause justice for Michigan citizens who have been harmed. Once again, we are not offering a recommendation for exceptions. I am speaking today again about including the third, and sometimes the most important, branch of government, the judicial branch.

We can move this back six weeks, but we can’t move back the pain and suffering and the unexpected consequences of harmful drugs on the market. Only a few days ago, the Senator from Saginaw said that many states have this similar law. I don’t think that was a wholly accurate remark. By postponing the effort that we should be undertaking today, we are offering further excuses and unfamiliar examples to pause judicial relief for Michigan citizens.

The highest responsibility we have as Senators of this great state is the public health and welfare of our citizens. When we just unilaterally deny them access to the local courts and we say, yes, June 2nd is a fine date to postpone this to, I would hope that there is an altruistic measure in this: That those who say lets’ pause until June 2nd will actually give us this vote that we have asked for nearly six years.

If we have an assurance that we will vote on this issue on June 2nd, I wouldn’t like to, but I could support the pause again of this important legislation. But somehow I don’t believe that we are going to be given that right to vote on June 2nd. I think it is going to be like April 2nd that just went by, and I think it is going to be like February 2nd that just went by. If we can get a responsible measure by those who would like to pause this legislation and say we will give you that vote on June 2nd, then I could say I’ll join you, but I think this is just another example of what we utilize this bill for.

Let’s do what we were elected to do. There is not a single member of this Senate who, if they had a family member who was harmed, if they themselves were harmed by a drug, would say let’s put this off for six weeks. Let’s take care of our state’s business. There is a reason why 49 other states don’t incorporate this as a hindrance to their local courts. Let’s do the right thing and vote on this today because we know darn well that we aren’t going to be able to vote on it on June 2nd.

Re: 2009 House Bill 4316 (Repeal FDA approved drug lawsuit ban )

Admin003 — Wed, 06 May 2009 16:58:59 GMT

Senators Whitmer, Gleason, Cherry and Jacobs, under their constitutional right of protest (Art. 4, Sec. 18), protested against the motion to postpone until June 2 the motion to discharge the Committee on Government Operations and Reform from further consideration of House Bill Nos. 4316, 4317, and 4318 and moved that the statements they made during this discussion of the motion be printed as their reasons for voting “no.”

The motion prevailed.

Senator Whitmer’s statement is as follows:

I rise to speak against postponement whether it is January 2nd or June 2nd. Time is of the essence, and the time to act is now. I am speaking against further delay on these most important bills. I’m speaking against delay tactics; I’m speaking against the continued cowardice of not taking a vote now.

The time is now. I vote that we take action today. I vote that we take action for victims’ rights. Too long have we treated our citizens as second-class citizens. When a harmful drug kills our people, too long have we put drug company profits and illusory promises of jobs before actual victimization of our people. It is time to act, and I implore you to do the right thing to protect the consumers of the state of Michigan and take a vote today. That is what we have been elected to do—to protect the people of our state. If we were not elected to do that, what were we elected to do? To postpone tough decisions? I think not.

I ask that we not postpone these bills and that we take action today. That is what the people of Michigan deserve. That is what they are demanding we do. That is why I rise to oppose postponing these important bills.

Re: 2009 House Bill 4316 (Repeal FDA approved drug lawsuit ban )

Jack C. — Tue, 28 Apr 2009 15:38:31 GMT

Your right, I don`t know what changed to make Mr Cropsey work hard to beat this bill. Maybe the drug comapnies have been pouring money in to get this bill beat has worked. I know money changes people. I thought our lawmakers were in office to work for all the citizens even the ones that are sick and hurt by drug side effects having to spend a lot of their own money for treatment, not just the ones with deep pockets. They want us to believe that if this bill would pass and make Michigan equal with the other 49 states jobs would fly out of the state. Where do they think the drug makers would move the jobs? Every other state allows these lawsuits. Maybe they think by not allowing this bill to be voted on the floor they can tell the voters in their district they never voted against this bill when they run for re-election. Maybe they think we are stupid and will forget.

Re: 2009 House Bill 4316 (Repeal FDA approved drug lawsuit ban )

FreeSpeaker — Tue, 28 Apr 2009 13:32:51 GMT

Unfortunately, Senator Cropsey has tagged himself as a major obstructionist in preventing legislation that really would benefit the people of Michigan from passing. Unfortunately, Senator Cropsey also is the face of today's Republican Party in Michigan.

This bill should become law, but until we exercise the real term limit power of the people -- the vote -- to oust legislators like Senator Cropsey and his ilk we are doomed for more of the same.

Re: 2009 House Bill 4316 (Repeal FDA approved drug lawsuit ban )

Jack C. — Tue, 28 Apr 2009 13:24:03 GMT

I`m not sure why Mr. Cropsey wants to ditch this bill as he did the 4044 bill last year. I had and still have a lot of respect for Mr. Cropsey and his values. When the drug maker lawsuit ammunity was made law in 1995 I think Mr. Cropsey stood against the bill and Mr. Engler. He was one of the few republicans voting his values not his parties lead. I am very disapointed with Ms. Granholm and Mr Cherry who wants Granholms job for not standing up for this bill. They seem to be silent at least from what I (a nobody) can see.

Re: 2009 House Bill 4316 (Repeal FDA approved drug lawsuit ban )

Jack C. — Mon, 27 Apr 2009 20:20:10 GMT

kmassey,

It looks like Cropseys motion was voted on along party lines. The republicans control the Senate until the next election. Thats is when things will change.

Re: 2009 House Bill 4316 (Repeal FDA approved drug lawsuit ban )

kmassey — Mon, 27 Apr 2009 20:07:55 GMT

Jack C - Current and Native Michigander, and proud of it.

Re: 2009 House Bill 4316 (Repeal FDA approved drug lawsuit ban )

Jack C. — Mon, 27 Apr 2009 19:51:47 GMT

kmassey, just curious, do you live in Michigan or a different state that allows these lawsuits?

Re: 2009 House Bill 4316 (Repeal FDA approved drug lawsuit ban )

kmassey — Sun, 26 Apr 2009 19:08:04 GMT

Kudos for halting the progress of this bill. Given the scrutiny of FDA review, why would anyone consider that a jury of "peers" know more than the multitude of medical researchers, physicians and scientific professionals in a court? I defy you to ask an average jury member to discuss the pharmacogenomic issues surrounding the reasons one patient out a 1000 might experience an adverse event. It is tragic when a person has sustains damage from a drug or procedure, but just adding more cases to our over-burdened courts does not change that outcome. Added funding for research and continuing training of prescribers, along with improved patient education reduces the chances of these tragic events. Just opening up more lawsuits is an uneducated, short-sighted, politically-motivated move that does NOTHING to promote jobs or improve our economy.

Re: 2009 House Bill 4316 (Repeal FDA approved drug lawsuit ban )

Jack C. — Fri, 27 Mar 2009 13:11:12 GMT

Many thanks to Rep. Lisa Brown for introducing this bill and all who supported this bill in the house. I also very much respect the opinion of our House Reps who voted against this bill. I hope our State Senators will have the courage to take up this bill and not allow one or two Senators to hold this bill up and not allow it to come to the floor to be voted on. Every Senator representing a group of citizens should have their opinion counted. Its not right for a couple Senators to try and make the decision for the entire Senate. I believe this bill will again make Michigan citizens equal with the rest of the other states.

The Supreme court ruled that the FDA is not totally responsible for drug side effects in its March 5th ruling. Michigan is the only state that allows the drug companies total ammunity from lawsuits. I know the argument saying Michigan citizens have a right to sue if they can prove the drug company lied or comitted fraud to get it approved and those actions would cause the FDA to withdraw its approval. I also know getting that information from the drug companies is next to impossible.

I don`t understand the argument about this bill causing citizens in Michigan to loose jobs when Michigan is the only State that awards almost total ammunity. 49 States allow lawsuits so where are the drug companies going to move the jobs to? Everyone deserves their day in court where they would have to prove their case. Just allowing citizens the right to have their day in court does not mean they will win. It only makes them equal with citizens in the rest of the country and a chance to voice their concerns.

Its wrong to offer a carrot to drug makers off the backs of citizens that have been hurt by their drug side effects. These people have been hurt enough. If you want to offer the drug makers a carrot to come to Michigan use tax insentives or get people educated and trained for the technical jobs the drug makers require. We have plenty of empty buildings in Michigan that we could give drug makers to get them to come to this state. Thats how you creat jobs not by taking away citizens rights.