Pfizer's Trovan in Nigeria: Lawsuit stalls

Pfizer's Trovan in Nigeria: Lawsuit stalls

Joined: April 19th, 2005, 7:01 pm

July 27th, 2010, 8:35 am #1


http://vaccinenewsdaily.com/news/214304-trovan-lawsuit-stalls
Trovan lawsuit stalls
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A lawsuit filed by the Nigerian victims of the 1996 Trovan meningitis vaccine test hit a snag after officials with Federal High Court in Abuja, Nigeria, set aside the service of the courts processes on Pfizer Specialties.

Justice Gabriel Kolawole, ThisDayOnline.com reports, set aside the processes after an objection by Pfizer Specialties counsel, Chief Anthony Idigbe, who challenged the proprietary of the service. Kolawole told ThisDayOnline.com that the service was crucial to adjudication in any case.

The judge, however, refused a similar application to set aside the service of the process on the Kano State Government.

Following an agreement by Pfizer to compensate the victims of the vaccine test, additional people came forward to file fresh lawsuits, seeking $383 billion in total.

Approximately 200 deaths were recorded as part of the vaccine test while other participants suffered varying degrees of disability as a result of the test.

The alleged victims have challenged a proposal by Pfizer to conduct DNA tests to determine if they are actually victims of the Trovan vaccine. The need for the tests arises from a sudden increase in the number of those claiming to be victims. The victims, however, have argued that Pfizer could not be trusted with their DNA.

Justice Kolawole has adjourned further ruling on other interim applications pending before the court. "
 
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Joined: April 19th, 2005, 7:01 pm

July 27th, 2010, 8:36 am #2

"...Approximately 200 deaths were recorded as part of the vaccine test while other participants suffered varying degrees of disability as a result of the test..."
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Joined: April 19th, 2005, 7:01 pm

July 27th, 2010, 8:43 am #3

http://vaccinenewsdaily.com/news/214304-trovan-lawsuit-stalls
Trovan lawsuit stalls
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A lawsuit filed by the Nigerian victims of the 1996 Trovan meningitis vaccine test hit a snag after officials with Federal High Court in Abuja, Nigeria, set aside the service of the courts processes on Pfizer Specialties.

Justice Gabriel Kolawole, ThisDayOnline.com reports, set aside the processes after an objection by Pfizer Specialties counsel, Chief Anthony Idigbe, who challenged the proprietary of the service. Kolawole told ThisDayOnline.com that the service was crucial to adjudication in any case.

The judge, however, refused a similar application to set aside the service of the process on the Kano State Government.

Following an agreement by Pfizer to compensate the victims of the vaccine test, additional people came forward to file fresh lawsuits, seeking $383 billion in total.

Approximately 200 deaths were recorded as part of the vaccine test while other participants suffered varying degrees of disability as a result of the test.

The alleged victims have challenged a proposal by Pfizer to conduct DNA tests to determine if they are actually victims of the Trovan vaccine. The need for the tests arises from a sudden increase in the number of those claiming to be victims. The victims, however, have argued that Pfizer could not be trusted with their DNA.

Justice Kolawole has adjourned further ruling on other interim applications pending before the court. "
 
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http://www.legalbrief.co.za/article.php?story=20100727074357931


<table border="0" cellspacing="0" cellpadding="0" width="100%"><tr><td>Victims of vaccine test sue Pfizer</td></tr><tr><td><span class="fullstoryinfo">Published in: Legalbrief Africa
Date: Tue 27 July 2010
Category: Nigeria
Issue No: 391 </span>


<div class="fullstorybody"><a></a> 
Leadership (Abuja)
Nigeria: Trovan Case - New Victims Sue Pfizer for U.S.$384 Billion
Ahuraka Yusuf Isah

20 July 2010

The victims, numbering 192, who have just surfaced, are claiming the colossal sum as damages from Pfizer Incorporated and Pfizer Specialities for the injuries they were made to suffer by the negative effect of the untested vaccines administered on them.
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Joined as defendants in the suit filed by Chief Etigwe Uwa (SAN) on behalf of the plaintiffs are the Health Care/ Meningitis Trust Fund, Kano State government, Pfizer Incorporated, Pfizer Specialties Ltd, David Odiwo, the Attorney General of the Federation (AGF) and Corporate Affairs Commission.

The 192 plaintiffs are challenging the proposal by the defendants to conduct a DNA test to determine the real victims of the trovan vaccine in view of the unprecedented increase in number of those claiming to be victims.

The plaintiffs hinged their opposition to DNA testing to the fact that their spinal fluid drained from them 14 years ago by the drug company could be trusted any longer in view of the antecedents of the company, especially as the American court judgement in the criminal aspect of the case had confirmed recently

However, hearing in the case by Justice Gabriel Kolawole of the Federal High Court, Abuja was stalled by the claims of Pfizer Specialties and Kano State government that they were not properly served with court processes.

While Pfizer Specialties claimed that the court papers were served on Pfizer Incorporated in New York, Kano State claimed that the documents served on it bore the letterhead FCT High Court instead of the federal high court.

The two defendants, though represented by lawyers, claimed that they were not properly before the court and that the court should order a proper service on them. "
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Joined: April 19th, 2005, 7:01 pm

July 27th, 2010, 8:48 am #4


http://allafrica.com/stories/201006300509.html
Nigeria: Trovan Case - U.S. Court Rejects Pfizer Appeal
Ahuraka Yusuf Isah and Winifred Ogbebo

29 June 2010
Abuja The Supreme Court of the United States of America yesterday declined to hear an appeal by Pfizer Incorporated in <strong>a ruling that reinstated US lawsuits by Nigerian families who said the drugmaker tested an experimental antibiotic on their children without getting adequate consent.</strong>

The justices, without comment, <strong>let stand a ruling by a US appeal court in New York that allowed the lawsuits involving alleged harm caused by the drug, Trovan, to go forward</strong>.
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The Obama administration had earlier urged the justices to reject Pfizer's appeal, saying the questions presented did not warrant Supreme Court review

Pfizer said in a statement, "Today's decision, however, is not a determination on the merits of these cases, but rather a procedural ruling."

Meanwhile a federal high court in Abuja has temporarily halted the disbursement of about N50 billion compensation to the victims of the Trovan experiment in April 1996 in Kano State.

The court also stopped the conduct of DNA test being executed by the Health Care Meningitis Trust Fund Ltd to determine the real victims of the controversial trovan vaccine.

The order of the court handed down yesterday in Abuja followed the conflict of interests among the victims on who and who were the real victims of the disputed meningitis drugs.
<div class="google_ad float-right"><div>Ruling in an oral application for the order of interim injunction moved by Etigwe Uwa (SAN) on behalf of 192 victims, Justice Gabriel Kolawole said the order became necessary to prevent the case of the plaintiffs from being destroyed.</div></div>
The court held that should the compensation be effected during the pendency of the case, the 192 victims might be left barred and unprotected in the deal.

Justice Kolawole opined that the victims had a right to justice and that nothing would be lost by all the defendants in the fresh suit upon the new order.

The action of the court was prompted by the refusal of some defendants to make an undertaking that they would not take any action on the disputed money and the test while the case lasted.

Similarly, the court also took judicial notice of the failure of the defendants to file their response in respect of the case since May 26 when the court ordered them to do so.

The defendants are the Healthcare Meningitis Trust Fund Ltd, the Attorney General of Kano state, Pfizer Incorporated, Pfizer Specialties Ltd, David Odiwo the Attorney General of the Federation and Corporate Affairs Commission (CAC).

About 200 victims were registered in 1996, some of whom were said to have either lost their lives or suffered permanent disability when the alleged drugs were administered on them to protect them against the meningitis infection.

Attempts by the Trust Board in charge of the fund to conduct DNA tests to determine the real victims were opposed by the new victims on the ground that they cannot trust the conduct of any test now, 14 years after the drug trial."
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Joined: April 19th, 2005, 7:01 pm

July 27th, 2010, 8:53 am #5


"...Attempts by the Trust Board in charge of the fund to conduct DNA tests to determine the real victims were opposed by the new victims on the ground that they cannot trust the conduct of any test now, 14 years after the drug trial."
Last edited by SSRIAdmin on July 27th, 2010, 8:56 am, edited 1 time in total.
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July 27th, 2010, 9:26 am #6

http://vaccinenewsdaily.com/news/214304-trovan-lawsuit-stalls
Trovan lawsuit stalls
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A lawsuit filed by the Nigerian victims of the 1996 Trovan meningitis vaccine test hit a snag after officials with Federal High Court in Abuja, Nigeria, set aside the service of the courts processes on Pfizer Specialties.

Justice Gabriel Kolawole, ThisDayOnline.com reports, set aside the processes after an objection by Pfizer Specialties counsel, Chief Anthony Idigbe, who challenged the proprietary of the service. Kolawole told ThisDayOnline.com that the service was crucial to adjudication in any case.

The judge, however, refused a similar application to set aside the service of the process on the Kano State Government.

Following an agreement by Pfizer to compensate the victims of the vaccine test, additional people came forward to file fresh lawsuits, seeking $383 billion in total.

Approximately 200 deaths were recorded as part of the vaccine test while other participants suffered varying degrees of disability as a result of the test.

The alleged victims have challenged a proposal by Pfizer to conduct DNA tests to determine if they are actually victims of the Trovan vaccine. The need for the tests arises from a sudden increase in the number of those claiming to be victims. The victims, however, have argued that Pfizer could not be trusted with their DNA.

Justice Kolawole has adjourned further ruling on other interim applications pending before the court. "
 
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<div class="header">Pfizer Case Over Test That Killed 11 Kids Could Blow the Lid Off Foreign Drug Trials
<span class="author icon i-bnet">http://industry.bnet.com/pharma/10008781/pfizer-case-over-test-that-killed-11-kids-could-blow-the-lid-off-foreign-drug-trials/</span>

<span class="author icon i-bnet">By <a>Jim Edwards</a> </span>| <span class="date">Jun 30, 2010</span>

<span class="t-vote-score"></span> 
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<img alt="" src="http://i.bnet.com/blogs/pfizer-trovan.jpg" width="224" height="149">The U.S. Supreme Courts decision to send the <strong>Pfizer </strong>(PFE) <strong>Trovan </strong>case to trial threatens to do the one thing the pharmaceutical industry most wishes wont happen: Reveal to Americans exactly how foreign drug trials are unregulated, sometimes dangerous and often unreliable.

The seemingly endless Trovan case involves Pfizers test of a meningitis drug on 200 children in Kano, Nigeria, in 1996. Pfizer failed to get proper consent for the trial. Eleven kids died and the drug was eventually nixed because it was too dangerous. The events may have inspired the book and film, <em>The Constant Gardener</em>. Pfizer has attempted to do the right thing in recent years by settling the case for $75 million, but its been stymied by local bureaucracy and corruption.

One friend-of-the-court brief filed in support of Pfizer was from the <strong>Washington Legal Foundation</strong>. Why might this conservative legal think tank have a sudden interest in the intricacies of the Alien Tort Statute (the law at stake in the Supreme Court appeal)? All will be revealed

The case coincides with an investigation of the FDAs lack of supervision of drug trials on foreigners conducted by the Office of the Inspector General. It found that the FDA looks at only 1 percent of trials conducted outside the U.S. The trial data are then used to convince the FDA to approve medicines which are taken by Americans.

Other disconcerting facts about the U.S. drug industrys use of foreign resources include: Of course, the Pfizer case wont be a general inquiry into industry practices, just those of Pfizer. That might be messy enough on its own. Although the Trovan tale is already widely known, the detail in the actual complaint, Abdullahi et al v. Pfizer, has been seen by only a few people because it was not electronically filed in the federal court systems online database.

Some of that mess was hinted at in the Second Circuit Court of Appeals decision on the case. It turns out that a Pfizer doctor may be a whistleblower in the case, who balked at the Trovan trials when his coworkers began faking their paperwork:
At the time, Pfizer also claimed to have secured approval from an IDH [Nigerias Infectious Disease Hospital] ethics committee. Appellants allege, however, that the March 1996 approval letter was backdated by Nigerian officials working at the government hospital well after the experiments had taken place and that at the time the letter was purportedly written, the IDH had no ethics committee. Appellants also contend that the experiments were condemned by doctors, including one on Pfizers staff at the time of the Kano trial.

A Nigerian physician who was the principal investigator for the test allegedly admitted that his office created the backdated approval letter when the FDA conducted an audit of the experiment in 1997.
That kind of thing will give Pfizer a huge PR headache if this case ever gets into open court. Which returns us to the question of why the WLF was so interested in trying to help Pfizer persuade the Supremes to reinstate an earlier ruling dismissing the litigation. Heres a theory: Attorney <strong>Arnold Friede</strong> is closely allied with the WLF, and he was senior corporate counsel at Pfizer from 1998 to 2008 the period during which the Trovan case originated and matured. What an amazing coincidence! "

 

 

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Joined: April 19th, 2005, 7:01 pm

July 27th, 2010, 9:36 am #7

http://vaccinenewsdaily.com/news/214304-trovan-lawsuit-stalls
Trovan lawsuit stalls
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A lawsuit filed by the Nigerian victims of the 1996 Trovan meningitis vaccine test hit a snag after officials with Federal High Court in Abuja, Nigeria, set aside the service of the courts processes on Pfizer Specialties.

Justice Gabriel Kolawole, ThisDayOnline.com reports, set aside the processes after an objection by Pfizer Specialties counsel, Chief Anthony Idigbe, who challenged the proprietary of the service. Kolawole told ThisDayOnline.com that the service was crucial to adjudication in any case.

The judge, however, refused a similar application to set aside the service of the process on the Kano State Government.

Following an agreement by Pfizer to compensate the victims of the vaccine test, additional people came forward to file fresh lawsuits, seeking $383 billion in total.

Approximately 200 deaths were recorded as part of the vaccine test while other participants suffered varying degrees of disability as a result of the test.

The alleged victims have challenged a proposal by Pfizer to conduct DNA tests to determine if they are actually victims of the Trovan vaccine. The need for the tests arises from a sudden increase in the number of those claiming to be victims. The victims, however, have argued that Pfizer could not be trusted with their DNA.

Justice Kolawole has adjourned further ruling on other interim applications pending before the court. "
 
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Joined: April 19th, 2005, 7:01 pm

July 27th, 2010, 9:52 am #8

"...Attempts by the Trust Board in charge of the fund to conduct DNA tests to determine the real victims were opposed by the new victims on the ground that they cannot trust the conduct of any test now, 14 years after the drug trial."
I don't understand why DNA tests would determine the real victims of a vaccine.

So can't help wondering - do vaccines in some way alter/damage DNA?
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