U.S. Supreme Court to Rule on Immunity In Product Liability Cases
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The United States Supreme Court will hear arguments today in a case which could have a major effect on victims of defective products including pharmaceuticals.
The case involves the validity of a Michigan law which kept Michigan victims of the defective drug Rezulin from collecting from a settlement that Rezulin victims of all other states participated it.
The federal district court in Michigan threw out the Rezulin suits. On appeal the United States Second Circuit Court of Appeals reversed and upheld the claim against the manufacturer of Rezulin.
Now the United States Supreme Court has agreed to hear the case.
One of the issues will be whether manufacturers of defective products can escape liability to victims who are injured by defective products by showing that they complied with federal standards.
After the death of Virginia Kent, caused by the prescription drug Rezulin, her daughter, Kimberly Kent, has sought vindication by filing a product liability suit which has now gone all the way to the United States Supreme Court.
The suit is challenging the unique Drug Company immunity law of the state of Michigan.
All of the cases filed against Rezulin in the U.S. have been settled by Warner Lambert/Parke-Davis, except for the 187 cases filed in the state of Michigan.
Every case filed in Michigan has been dismissed and all of the state's victims have been denied compensation due to the pro-drug company immunity law that is unique to the state.
According to the victims' attorney Doug Peters, Michigan State Senator Michael Bishop has been blocking all legislation to come out of the Michigan House that would attempt to correct the unfair drug product liability law.
After the Kent case, as well as 186 other Rezulin cases in Michigan, was dismissed, Peters' firm appealed to the U.S. Second Circuit Court of Appeals where the initial decision by Federal Judge Kaplan was reversed. Immediately after that decision, defendant Warner Lambert filed an appeal request to the U.S. Supreme Court. Peters says that it "bodes ill for the Michigan victims," as the Supreme Court likely would have denied the appeal if they intended to let the lower court's decision stand.
If the United States Supreme Court upholds the dismissal of the Michigan cases, drug manufacturers will likely try to get legislation passed in North Carolina which will make it more difficult for victims of defective drugs to get relief.