Governor's Lawsuit Bill Not Immune From Critique

At the beginning of this session, Governor Sonny Perdue said drug companies that make Food and Drug Administration approved products should be immune from civil lawsuits. Perdue believes that would help foster drug and bio tech business in the state at a time when the economic slowdown is crunching most budgets around the nation.

A proposal modeled on Perdue's vision was introduced earlier this week. SB 101 reads, in part:

"A manufacturer or seller shall be immune from civil liability for any claim based on strict liability for a defect in the design of a drug or device if the drug or device was approved for safety and efficacy by the FDA."

Supporters say it will help spur growth in the sector.

But consumer advocate group Georgia Watch disagrees with that claim. They cite a Michigan law that, according to an aide of Sen. John Gleason, has driven business away. “This bill was touted in Michigan as a job creator,” said John LaMacchia in a Georgia Watch statement. “However, since its enactment, the presence of pharmaceutical companies has shrunk. The large Pfizer facility in Ann Arbor down-sized and no new companies are moving in,” he said.

Of course, business all across Michigan has diminished. The state's unemployment rate is in the double digits.

Georgia Watch head Allison Wall makes another argument.

“This bill lets drug companies off the hook, plain and simple, even if the product hurts or kills someone. Georgians would have no recourse, no hope of accountability, period.”

It's been argued by proponents of similar proposals that because the FDA approves a drug, liability for the product's safety should rest with the agency.