Oregon pharmaceutical bill debated

SALEM, Ore. — Democrats are criticizing a Republican-backed bill that would limit consumers' ability to sue pharmaceutical companies if drugs cause health problems.

The bill would prevent Oregonians from suing drug companies for damages over alleged harmful side effects of a drug that was manufactured and labeled as required by the federal Food and Drug Administration (FDA) or was "generally recognized as safe and effective" under FDA-established conditions.

Democrats said yesterday that the measure is being pushed by Republicans who received campaign donations from the pharmaceutical industry.

"The bottom line is that they stand with the big drug companies," said Kelly Steele, spokesman for the Oregon Democratic Party.

Steele took aim at Rep. Linda Flores, R-Clackamas, and Oregon Republican Party Chairman Kevin Mannix, both of whom received campaign contributions from pharmaceutical companies.

Steele said the legislation would prevent Oregonians harmed by drugs such as Vioxx and Bextra — both FDA-approved medicines later pulled from the market for harmful side effects — from getting justice.

Flores is sponsoring the bill on behalf of the Oregon Litigation Fairness Project, for which Mannix is a lobbyist. Flores did not return phone calls yesterday because her husband was in the hospital having surgery, according to a spokesman in her office.

Mannix, a Salem lawyer, testified for the bill yesterday at its first public hearing before a House Judiciary subcommittee.

Mannix was not available for comment, but a spokeswoman said Democrats misunderstood the bill.

"The bill relates to product-liability law, not negligence," said Amy Casterline, executive director of the Oregon Republican Party, where Mannix is the chairman.

The bill also has no effect on federal lawsuits.

A spokesman for Republican House Speaker Karen Minnis called the Democratic assertions "a low blow" and said the campaign money had nothing to do with the bill.

Chuck Deister also said campaign contributions did not equal votes or legislation and said the accusations were baseless.

House Minority leader Jeff Merkley, D-Portland, said the connection is a cause for concern.

"Nobody has explained to me any reason for this bill other than to protect the pharmaceutical companies," Merkley said.

He said granting "blanket immunity" to drug companies could especially harm seniors, who depend on safe, effective drugs more than any other population group.