Pfizer Sued By Nigerians For $384B Over Trovan
7 CommentsBy Ed Silverman // July 21st, 2010 // 1:49 pm
Yet another legal headache for Pfizer over the 1996 Troval scandal in Nigeria. The drugmaker recently agreed to pay $75 million to resolve civil and criminal charges brought by the Kano State government in Nigeria. The move, effectively, settled most outstanding litigation. Until now. Another 192 victims have filed yet another lawsuit and are seeking a mere $384 billion, AllAfrica reports.
These victims and their familiess are challenging a proposal to conduct a DNA test that Pfizer has pursued for identification purposes. But the lawyers for the 192 families say it is unclear how the DNA samples will be confirmed and have repeatedly voiced suspicions that samples may be secretly switched, depriving victims of compensation (background).
The 1996 Trovan study was conducted on about 200 children and took place during a meningitis epidemic that killed 12,000 children, but Nigerians claim Pfizer didn’t obtain proper regulatory approval for the trial and misled parents. The study allegedly left 11 children dead and the others were deformed. Pfizer denied the charges and settled most lawsuits last fall.
There is other litigation pending. Last month, the US Supreme Court rejected an appeal by Pfizer to overturn a ruling that reinstated lawsuits filed by Nigerian families, who say the drugmaker tested an experimental antibiotic on their children without getting adequate consent and violating international human rights laws (see this). At issue was whether such a company can be sued under the Alien Tort Statute and whether violations of this statute encompass activities conducted overseas.
UPDATE: A Pfizer spokesman send us this: “This legal action is clearly an attempt by Mr. Mustapha Maisikeli to obstruct the settlement between the Kano State Government and Pfizer that allows a just compensation to the real participants in the 1996 Trovan clinical study. As a result of this lawsuit and the request for an injunction, there is a real danger that valid claimants, who voluntarily participated in the agreed upon settlement process, are denied the ability to receive funds from the Trust Fund or that it may unnecessarily impact the timeliness in which payments are made.
“It has been well established that, while there were no more than 200 participants in the 1996 Trovan clinical trial, the Board received more than double that number of claims. The collection and testing of DNA is a safeguard included in the settlement agreement reached by Pfizer and the Kano State government to ensure that the funds reach only those for whom they are intended.
“Under the settlement agreement, the Board - not Pfizer or the Kano State government - will make the final determinations on eligibility of the claimants and, if applicable, the level of financial support they will receive. Pfizer will provide the Board with the funds to compensate approved claimants as specified in the settlement agreement.”
clarkkent
Why not just make it an even gadzillion?
Indeed
Well said.
I suspect this involves the same Nigerian lawyer who has been wanting to transfer the lost city of Atlantis into my bank account.
keiner
Rrrich and famous, rich and famous… :-)
Wally
Holy World Bank, Batman! Nigeria’s GDP could triple!!!
keiner
Nope, they have oil! ;-)
Dr.Evil
Clearly a dollar figure that Austin Powers’ Dr. Evil would support.
Doc
It seems that Pfizer may have run into someone with their own sense of what is right.