TortDeform: The Civil Justice Defense Blog

Justinian Lane

They Break It – We Buy It

Even before there was a Pottery Barn, there was “The Pottery Barn Rule” – you break it, you buy it. It’s a fair rule. It epitomizes personal responsibility by forcing a careless person to pay for the consequences of his or her carelessness. In short, it’s just the sort of rule you would think the tort reform lobby would support. Instead, the American Tort Reform Association is trying to save a perverted “You break it, they buy it” rule currently in effect in Michigan.

As Henry Greenspan explains in his excellent article, Michigan pharmaceutical companies are completely immune from product liability suits in the state of Michigan. That’s not a misprint. The thousands of Michigan citizens who have been injured or killed by fen-phen, Vioxx, and other defective drugs cannot sue the pharmaceutical company that manufactured it. This is so even if the drug is recalled by the manufacturer or the FDA because it’s defective! Even if an unquestionably defective drug unquestionably causes the injury or death of a Michigan citizen, the pharmaceutical company is unquestionably immune from suit. The pharmaceuticals don’t even have to pay the medical bills of the injured consumer. So if the company that “broke it” doesn’t have to “buy it” who does?

Medical Insurance Companies and Consumers. If a Michigan citizen with medical insurance is injured by a prescription drug, his or her medical insurer will likely pay for a portion of the resulting medical bills. In the rest of America, medical insurers have the right of subrogation, which entitles them to either sue the pharmaceutical company that caused the injury, or to be reimbursed from any proceeds of a lawsuit filed by the injured person. But because pharmaceutical companies can’t be sued in Michigan, many medical insurance companies have to pay claims – expensive claims – they shouldn’t have to. Medical insurers have no choice but to pass those costs onto consumers and employers in the form of higher premiums. Sadly, spiraling insurance costs are one reason many employers are eliminating or reducing insurance coverage for their employees.

Doctors, Hospitals, and Consumers. Many medical providers won’t treat individuals without health insurance because more often than not, the medical providers don’t get paid for the treatments they rendered. Similarly, Michigan citizens without insurance that are injured by defective drugs may be unable to pay for the treatments they receive. Medical providers don’t just “eat” those unpaid bills. Just as shoplifting forces retailers to raise their prices, so too do unpaid bills force medical providers to raise their prices. These increased prices are passed on to other consumers, and to medical insurers.

Businesses & Consumers. In 2005, a Harvard study found that nearly half of all bankruptcies are filed because of medical bills. It therefore stands to reason that some Michigan citizens have been forced into bankruptcy because of injuries caused by defective drugs like fen-phen. And any credit card company or bank will tell you that consumers bear the cost of bankruptcies, in the form of higher interest rates and higher prices.

Taxpayers: Some Michigan citizens who were injured by defective prescription drugs had the resulting medical bills paid for by Medicaid. And who pays for Medicaid? You and I do, along with every other taxpayer. Because Medicaid is funded at both the state and Federal level, all taxpayers are forced to pay for the medical treatment of Michigan citizens injured by defective drugs. Worse yet, some Michigan citizens may have been so badly injured by a defective drug – such as those who suffered strokes – that they are forced into receiving Social Security disability benefits.


The ATRA and the pharmaceutical companies that fund it often complain that America has lost its sense of personal responsibility. Perhaps they should lead by example and begin taking responsibility for the costs of defective drugs in the state of Michigan. Instead, they’re fighting to expand Michigan’s law nationwide and force consumers and taxpayers to pay when pharmaceuticals irresponsibly release a defective drug.

Posted at 6:42 PM, Oct 02, 2006 in Civil Justice | Permalink | Comments (1) | TrackBack (0)


Comments

Eli Lilly 3Q 10% profit rise is nearly all from psyche drugs including zyprexa.

How have they schemed to squeeze more money from their zyprexa cash cow when pill production has actually gone down?

ANS-Eli Lilly profiteers have jacked up the price of zyprexa to the federal govt,from the Medicare D payouts.

Eli Lilly is a big drug company that puts profits over patients.

They covered up findings that their Zyprexa has a TEN times greater risk of causing type 2 diabetes

Only 9% of Americans trust big pharma,right around the same rating as tobacco companies.

Daniel Haszard Eli Lilly zyprexa drug caused my diabetes www.zyprexa-victims.com

Posted by: Daniel Haszard | October 21, 2006 08:48 AM