Trovan Vaccine Suit Suffers Setback

NEWS
The suit filed by the victims of the 1996 Trovan vaccine test in Kano at the Federal High Court in Abuja has suffered a set a back as the court set aside the service of the court’s processes on Pfizer Specialties. Justice Gabriel Kolawole set aside the processes following an objection by Pfizer Specialties’ counsel, Chief Anthony Idigbe, SAN challenging the proprietary of the service.

In setting aside the processes, Justice Kolawole said that the service was crucial to adjudication in any case.He however refused a similar application to set aside the service of the process on the Kano State Government.

Following agreement by Pfizer to compensate the victims of the vaccine test, more people who claimed to be victims of the 1996 Pfizer meningitis Trovan vaccine test in Kano had filed fresh suits against the pharmaceutical company asking for $384 billion. The victims, about 192, said they wanted $384 as damages they suffered from the negative effect of the vaccines administered on them.
It will be recalled that Pfizer recorded a survival rate of about 94 percent during the Trovan trials which compared favorably with the record obtained by Doctors Without Borders during the same meningitis epidemic.

Joined as defendants in the suit filed by 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 the 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 following a sudden increase in the number of those claiming to be victims. The plaintiffs hinged their opposition to the DNA test on the fact that the company could not be trusted with their DNA.

However, hearing of 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 the 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 FCT High Court letter head papers instead of the Federal High Court.
The two defendants though represented by lawyers claimed that they were not properly served and that the court should order a proper service on them. Plaintiffs counsel Etigwe Uwa faulted the claims of the two defendants and urged the court to disregard the claims.

Justice Kolawole has adjourned further ruling on other interim applications pending before the cost to Tuesday 27th July, 2010.