Alert For Prescription Drug Users

In March, the Michigan Supreme Court decided the case of Taylor v. Gate Pharmaceuticals, et al. The Supreme Court upheld the Michigan statute, which gives blanket immunity to drug manufacturers who produce drugs with dangerous side effects -- even after the drug has been ordered off the market by the FDA. David R. Parker, representing those injured by Fen-Phen and Redux, argued that the law was unconstitutional, because it gave permanent effect, within Michigan, to a decision of a Federal agency even after the Federal agency had reconsidered and changed that opinion. The Supreme Court rejected the argument, and in so doing, allowed the legislature to essentially erase rights, enjoyed by citizens of all other states, of recourse against makers of prescription drugs which are pulled off the market because of bad side effects.

The decision in this case will be significant for Michigan consumers in the coming years. With the erosion of the ability of the FDA to adequately insist on pre-launch testing, more and more drugs are coming on the market, only to be withdrawn within a year or two when an unacceptable incidence of side effects present itself. Examples of this, besides Fen-Phen, include Baycol [a cholesterol reducing drug withdrawn from the market last year] and Rezulin [an insulin substitute for diabetics, withdrawn four years ago].

If you are taking these or other prescription drugs, and are experiencing untoward side effects, contact us.