Mich. Drug Companies Now Less Immune Under Tort Reform

Law360, New York (February 11, 2014, 5:20 PM EST) -- In a decision of critical importance for any pharmaceutical or medical device company doing business in Michigan, on Jan. 21, 2014, the U.S. Court of Appeals for the Sixth Circuit reversed the dismissal of a fentanyl patch lawsuit, ruling that manufacturers and sellers of "combination products" are not statutorily immune from liability under Michigan's Tort Reform statute. (Miller v. Mylan Inc., No. 12-2502 (6th Cir. Jan. 21, 2014)).

That statute, before now, provided drug companies with nearly absolute immunity from suit in Michigan, except in cases of fraud or bribery to secure federal approval:

In a product liability action against a...

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