The good news for states is drug industry immunity only kicks in if the drugs in question are FDA-approved. And thanks to the first-rate influence-peddling and lobbying prowess of compounding pharmacists, the tainted steroid shots at issue today are free and clear of FDA regulation.
Doroshow, Joanne, "The Meningitis Outbreak: Don't Expect Miracles From the FDA" (2012). Other Publications. 494.