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Immunity for makers of FDA-approved drugs upheld in Michigan.

Publication: Trial
Publication Date: 01-JUL-03
Format: Online - approximately 712 words
Delivery: Immediate Online Access

Article Excerpt
In a setback for consumers allegedly harmed by prescription drugs, the Michigan Supreme Court upheld the immunity from liability suits that the state bestows on manufacturers and sellers of FDA approved pharmaceuticals. It rejected the plaintiffs' argument that a 1995 amendment to the statute conferring immunity was an unconstitutional delegation of the legislature's powers to the FDA. (Taylor v. Smithkline Beecham Corp., 658 N.W.2d 127 (Mich. 2003).)

The decision arose from two consolidated cases filed against the manufacturers and distributors of prescription diet drugs, notably dexfenfluramine (Redux), and fenfluramine and phentermine (known as fen-phen when taken together).

The plaintiffs allege that the drugs caused side...

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