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MI HB6225

Bill

Status

Introduced

6/12/2018

Primary Sponsor

Brian Elder

Click for details

Origin

House of Representatives

99th Legislature

AI Summary

  • Amends section 2946 of the Revised Judicature Act of 1961 regarding product liability actions and evidence standards for manufacturing compliance with nongovernmental standards at time of sale.

  • Changes language from "shall be" to "is" in the statute regarding admissibility of evidence that product production complied with generally recognized and prevailing nongovernmental standards.

  • Establishes that manufacturers or sellers are not liable for production defects unless plaintiff proves the product was not reasonably safe and that a practical, technically feasible alternative production practice was available at the time of sale.

  • Creates a rebuttable presumption that manufacturers or sellers are not liable if the product aspect causing harm was in compliance with federal or state standards or approved by federal or state agencies at time of sale.

  • Repeals section 2946(5), which previously provided immunity from liability for FDA-approved drugs that complied with FDA approval at the time of manufacturer release, with limited exceptions for intentional withholding of information or illegal payments to FDA officials.

Legislative Description

Torts; product liability; limitation on liability for drugs that have been approved by federal food and drug administration; rescind. Amends sec. 2946 of 1961 PA 236 (MCL 600.2946).

Health: pharmaceuticals

Last Action

Bill Electronically Reproduced 06/12/2018

8/15/2018

Committee Referrals

Judiciary6/12/2018

Full Bill Text

No bill text available