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          Monday, January 22, 2007

          In one bold move, Pfizer proves that "tort-reform" was a fraud, or, Craig DeRoche makes an ass out of himself again

          "I see Michigan’s relationship with Pfizer as a unique opportunity to put Michigan at the front of the pack in the field of life sciences and bio-technology. A competitive environment is critical to this effort, and we cannot mistake the importance our tort reform efforts will have in our ability to attract these companies in the future."
          - Republican Craig DeRoche, former Speaker of the Michigan House

          Well over a decade ago, "tort reform" was touted as a way to make Michigan more competitive in the business world. So were tax cuts . . . . but I digress. One of these tort reform laws that were enacted by a Republican House and Senate, and then signed into law by Republican Governor John Engler (who bolted from Michigan once his term was over, but I digress again), provided absolute immunity against lawsuits for drug companies whose drugs were approved by the FDA. This immunity, so our politicians said, was a good way to ensure profitability for drug companies and attract them to Michigan, thereby making our economy stronger.

          More than a decade later, what do we have to show for it? Nothing. Pfizer announced today that it would be closing multiple facilities (at least one large one in Ann Arbor) and laying off thousands. The reason? Yep you guessed it -- lawsuits had nothing to do with it. The reason they are closing down and leaving is because their patents are running out on some of their key drugs, which means they will actually have to compete with generic makers from now on. When they have to actually compete in the marketplace, they can't make enough money. So, they're closing down.

          Let me get this straight . . . . Even though we are the only state in the union to provide a shield to drug companies, Pfizer can't make it here. All that money they saved by not having to compensate people for the injuries their drugs caused (like for example, recalled drug Bextra), went into the pockets of shareholders. It was not used for research and development. It was not used to keep the company here.

          Oh, and by the way, less than a decade ago, Pfizer undertook expansion in Ann Arbor based on over $84 Million in tax incentives, apparently provided by the city and the state. Here's what they got:
          • A 20-year credit on the Single Business Tax (SBT) worth an estimated $25.8 million. Pfizer announced its expansion on the same day after the Michigan Economic Development Corp. earlier awarded the credit on the SBT, the only general business tax levied by the state.
          • A 12-year abatement of the six-mill State Education Tax, valued at $10.7 million; and
          • A 12-year abatement on Ann Arbor's property tax, approved the night before Pfizer's announcement and valued at $47.7 million.
          Where did that money go? In the pockets of shareholders? It apparently won't keep the company here. Hmmmm. Seems to me they took the money, and now they're bolting. Maybe those incentives should have been tied to staying in Ann Arbor, at least for the duration of the incentives.

          Clearly, if tort reform and tax cuts were the key to a strong economy, Michigan would have the strongest economy in the nation. The fact that we don't says something very important about tax cuts and tort reform. Trouble is, is Lansing listening?

          UPDATE: As pointed out by a reader, the entire $84 Million did not actually go to Pfizer. Some was tied to reaching certain goals (some of which weren't met), and some was to be credited in the future. My apologies if that misled anyone. My point was (and still is) that Pfizer actually realized tens of millions in benefits that not everyone gets, whether it be via tort reform or tax relief.

          UPDATE: A new blog creating "a forum for sharing ideas and information about how our community can recover and move forward."

          Comments on "In one bold move, Pfizer proves that "tort-reform" was a fraud, or, Craig DeRoche makes an ass out of himself again"

           

          Blogger Cathleen said ... (1:10 PM) : 

          I could have sworn they did immunity at the federal level, also.

          Budget battle one year ago at Xmas- when they had to wrap up very close to the holiday- I seem to remember Dick Durbin standing on the floor of the Senate and saying that they had stuck immunity in as a rider on the bill. He was holding a stack of papers about two feet thick, complaining that he didn't have time to read all that before he voted, etc., but one of the things he did see was that provision.

          Aha- found it-

          http://www.scoop.co.nz/stories/HL0605/S00225.htm

          "Republican leaders added provisions to the conference report after cutting a back-room deal in the middle of the night. The conference report grants sweeping immunity to drug companies for injuries caused by vaccines and drugs and for the administration of those vaccines and drugs, even if they are made with flagrant disregard for basic safety precautions.

          "Moreover, the compensation program is a sham, leaving people who become injured from a drug or vaccine without recourse.”

          But I love the shot at DeRoche, too. He certainly needs it. :-)

           

          Anonymous Kate said ... (9:24 PM) : 

          Yeah, I remembered the same thing, Cathleen. It's one of those things the Dems should look at putting right, now that they're in charge.

          Something is wrong with this picture, but I can't put my finger on what. As Cam said, Pfizer says it's shutting these facilities because the patents are expiring, but they're the R&D facilities that should be providing new, patent-able medications to keep them going. Something doesn't seem to be on the up and up.

          Regardless, although I'm told, by people who know more about business than I, that Washtenaw County should be able to recoup from this, the loss of Pfizer is extremely serious.

           

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