To allow product liability lawsuits against drug companies for drugs that have been approved by the U.S. Food And Drug Administration (FDA). The bill would repeal a “tort reform” law passed in 1995, under which such lawsuits are prohibited in Michigan courts unless the company intentionally withheld information or misled the FDA about the drug, or used bribery to gain approval.   Official Text and Analysis.

Without amendment and with the recommendation that the bill pass.

To require a persons who believes he or she has been harmed by a drug and wants to sue a drug company to first demonstrate that the drug was actually the cause of the harm.

To tie-bar the bill to House Bill 4267, meaning this bill cannot become law unless that one does also. HB 4267 would cap attorney contingency fees in personal injury or wrongful death lawsuits using a sliding scale based on the net amount recovered, ranging from 33 percent of the first $1 million, and only 10 percent of the amount over $5 million.

To exempt drugs developed in Michigan from the effect of the bill (which would be to allow lawsuits against drugs approved by the federal FDA if a person believes he or she has been harmed by a drug).

To require the attorney in a lawsuit against a drug company to give half of any contingency fee above $333,333 to a state "injured party restitution fund." The amendment would also cap contingency fees using a sliding scale based on the net amount recovered, ranging from 33 percent of the first $1 million, and only 10 percent of the amount over $5 million.

To authorize courts to levy monetary penalties against attorneys or law firms who file frivolous lawsuits, with the money being deposited in a state injured party restitution fund.

To prohibit an attorney in a class action lawsuit against a drug company from accepting a contingency fee that exceeds the average amount of the damage award received by plaintiffs, or 10 percent of the amount of the total award, whichever is less.

To require the state Bar of Michigan to maintain a web site on which it posts details of lawsuits against drug companies that have been summarily dismissed by trial court, including posting the names of the trial lawyers who filed the dismissed suit.

That the Committee on Judiciary be discharged from further consideration of the bill.

That further consideration of the motion be postponed for today.