Government quits talks with Pfizer, dealing “serious blow” to families

Families affected by controversial drug tests in Kano, northern Nigeria, say the state government’s decision to quit settlement talks with the US drug maker Pfizer has destroyed their hopes of any financial relief.

Authorities in Kano state have pulled out of negotiations over an out-of-court settlement of a $2.75-billion suit against Pfizer.

“Kano state government is no longer inclined towards holding any direct discussions with Pfizer, its retained counsel or employees,” Kano’s justice commissioner Aliyu Umar said in a 28 November letter he sent to Pfizer’s counsel, Anthony Idigbe.

Kano state filed civil and criminal suits in March 2007 before the state high court, demanding $2.75 billion in compensation from Pfizer for allegedly carrying out an unauthorised test of a meningitis drug called Trovan on 200 children in April 1996 during a triple epidemic of measles, cholera and meningitis that claimed over 12,000 lives.

Kano claims the unapproved drug test led to the deaths of 11 children and deformity, including paralysis, deafness, blindness and brain damage in 181 others. Pfizer denies any wrongdoing, maintaining that the drug trials were carried out responsibly and with the full knowledge of the government.

“Serious blow”

While the case will continue in court, the government’s move to quit talks is seen as a huge setback by affected families, most of whom are poor and were anxious to get compensation.

“It is a serious blow to me and my family,” Muhammad Mustapha, whose son was part of the drug test.

“For the past 11 years I have been toiling [and have spent] the large part of my meagre resources on medication for my child who was involved in the Pfizer drug test,” Mustapha said.

He said his son, Anas Muhammad, now 14, suffers from incessant body pains, occasional loss of mental coordination, fever, nausea and weak limbs.

A private security guard with a monthly salary of 10,000 naira [US$83] Muhammad has difficulty taking care of his wife and 11 children.

“It has been a constant struggle to pay my rent, feed my family and pay for my child’s medical expenses with my meagre salary”, Muhammad said.

“I have been praying for a deal to be brokered between Pfizer and the state government so that I can be paid some money to send Anas to a good school and start a business of my own to give my family a better life.

“But this breakdown of negotiations has shattered my dreams and plans of a good life for my son and my family”, Muhammad said.

Return to court

But Kano continues its fight in court and authorities remain optimistic they will win.

“Pfizer seems to be playing with our intelligence,” justice commissioner Umar said. “We will continue with the only option open to us which is legal war in court to ensure that Pfizer pays the money we demand from them and that all its staff who took part in the trial are prosecuted.”

He added, “We are confident we will win the case as the facts are all in our favour.”

But victims and legal experts say given the slowness of Nigeria’s judicial system relief for affected families is in doubt.

“This development means the victims will have to wait for a long time for the court to determine the case and get compensation if the government wins, given the snail pace of our judicial process,” said Lawan Musa Abdullahi, a private lawyer in Kano.

Even if the government were to win in the Kano High Court legal experts say a long appeal process would likely ensue.

“Unfortunate”

In a 6 December press statement, Pfizer called the Kano state government’s move “unfortunate”, saying the company remains committed to reaching an appropriate resolution.

“Pfizer rejects any attempts by Nigeria to collect money based on public intimidation, unsubstantiated allegations and for unspecified purposes,” Pfizer spokesman Chris Loder said in the statement. “The company stands by the results of the 1996 trial and is prepared to vigorously defend it in court if need be.”

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