Michigan lawmakers repeal nation's only immunity law that shields drug companies from liability

LANSING, Mich. (FOX 2) - During another round of late-night legislating, the Michigan House repealed a provision of the state's one-of-a-kind drug immunity law that shields manufacturers from liability. 

The state's Revised Judicature Act currently protects drugmakers from lawsuits if the product they made caused injury. Suing major pharmaceutical companies has become a focal point of the opioid crisis that has afflicted the entire U.S., including many parts of Michigan.

The law has prevented residents and the state attorney general from participating in national class action suits and kept them from filing complaints against related companies. But the proposed change would open up avenues for people to pursue damages if faulty drugs lead to injuries or death.

Drug-related settlements can reach large sums due to the size of the market and number of individuals affected by it. 

Dana Nessel, the Michigan Association of Justice, the Michigan Health and Hospital Association were among the groups that supported the change, while the Michigan Chamber of Commerce, the Pharmaceutical Research and Manufacturer Association, and the Consumer Health Product Association all opposed the change.

It passed the Michigan House with bipartisan support, clearing the chamber 79-30 late Wednesday night. It previously cleared the state Senate 30-8.

"While my Department was ultimately successful in litigating claims against a host of opioid defendants, the existence of this unique provision greatly complicated the approach. I applaud the legislature for finally addressing this one-of-a-kind bill that placed protections for large corporations over the safety of Michigan residents," Nessel said.