2009 House Bill 4316

Repeal FDA approved drug lawsuit ban

Introduced in the House

Feb. 17, 2009

Introduced by Rep. Lisa Brown (D-39)

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. Retroactive lawsuits back to 1996 would be allowed.

Referred to the Committee on Judiciary

March 18, 2009

Reported without amendment

Without amendment and with the recommendation that the bill pass.

March 26, 2009

Passed in the House 61 to 48 (details)

Received in the Senate

March 31, 2009

Referred to the Committee on Government Operations and Reform

April 23, 2009

Motion by Sen. Samuel B. Thomas (D-4)

Consideration postponed

Motion by Sen. Alan L. Cropsey (R-33)

To postpone "for the day" further consideration of a motion to discharge House Bills 4316 to 4318 from the Committee on Government Operations and Reform, and bring them directly to the full Senate for an up-or-down vote. These bills would repeal a “tort reform” law passed in 1995 that banned product liability lawsuits against drug companies for drugs that have been approved by the U.S. Food And Drug Administration (FDA). "Postpone for the day" is a parliamentary maneuver that in this case essentially means the bills are dead in the Senate.

The motion passed 18 to 14 (details)

April 30, 2009

Motion by Sen. Alan L. Cropsey (R-33)

The motion passed 20 to 16 (details)

June 2, 2009

Motion by Sen. Alan L. Cropsey (R-33)

The motion passed 21 to 13 (details)