Tough Michigan immunity law for drugmakers may not apply in meningitis cases, experts say

Michigan is the only state in the country where victims of faulty drugs can't sue the drugmaker, but experts say those affected by the recent outbreak of meningitis from a fungus-tainted steroid drug compound likely will have legal recourse.

The reason: the compounding companies, such as the one that produced the steroid, don't need approval from the U.S. Food and Drug Administration. The immunity law only covers drugs approved by the FDA.

The legal fallout from the illnesses isn't yet known, but the federal government has now identified 28 meningitis cases in Michigan linked to the steroid, which is used to ease back pain. A total of 119 cases and 11 deaths have been reported in 10 states.

Three deaths in Michigan have been blamed on meningitis after the person was treated with the drug. Those include Lilian Cary, a 67-year-old Livingston County woman, and two others who have not been identified -- a 56-year-old woman from Genesee County and a 78-year-old Washtenaw County woman.

By Peggy Walsh-Sarnecki
Detroit Free Press

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