Merck's Catch-22 Doubletalk Shows Michigan Must End Drug Immunity Laws

Settlement doesn’t protect patients from dangerous drugs

Dec. 4th, 2007

LANSING – Progress Michigan and citizens groups today blasted Merck, maker of deadly drug Vioxx, for claiming that a recent $5-billion nationwide proposed settlement also included those Michigan patients who have been barred since 1996 by state law from holding Merck and other makers of dangerous drug accountable in the first place. Michigan is the only state in the nation that prevents victims from holding drug giants accountable when they sell dangerous drugs.

“Merck is using a cruel Catch-22 trick and disingenuous doubletalk to protect its massive profits while continuing to put Michigan lives at risk,” Progress Michigan Executive Director Dan Farough said. “For more than a decade, Michigan citizens have been blocked and barred from ever holding Merck accountable. And Merck’s settlement offer means nothing to Michigan patients and their families who have been harmed by a long list of other dangerous drugs, such as Bextra, Rezulin, fen-phen and many others. Every Michigan consumer deserves full protection from all dangerous drugs, not more hollow promises from a profit-hungry drug giant.”

Last month, Merck announced it would pay nearly $5 billion to people who have been injured or families whose loved ones have been killed by Vioxx. Across the nation, tens of thousands of people have taken action to hold Merck accountable for Vioxx – except Michigan citizens, who have been silenced because of the state’s one-of-a-kind total immunity law.

Early this week, Merck’s lawyers claimed that the settlement includes Michigan patients who have sought recourse for cases involving Vioxx. But under a 1996 Michigan law, Michigan citizens cannot bring action against a drug company in Michigan when they or a loved one has been harmed or killed by dangerous drugs such as Vioxx.

“Merck says victims can have access to justice if they have a case pending, but how can Michigan victims have cases pending when Michigan’s drug immunity law blocked them from getting access to justice years ago,” Farough said.

A growing groundswell of public outrage has forced attention on Michigan’s drug immunity law. In the current House, representatives made it their first order of business in 2007 to repeal Michigan’s immunity law. The Senate has refused to follow the House and continues to protect big drug companies. Progress Michigan urges citizens to pressure the Legislature to repeal Michigan’s drug immunity law by going to: www.progressmichigan.org. ###