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Nigeria: Pfizer to Pay<br />

N11.2bn Compensation<br />

How Gowon, Carter Negotiated Out-of-Court<br />

Settlement<br />

Nuruddeen M. Abdallah<br />

1 March 2009<br />

Daily Trust<br />

Abuja — United States pharmaceutical giant, Pfizer,<br />

may have finally agreed to release the sum of $75<br />

million (about N11.250 billion) as <strong>com</strong>pensation over<br />

the 1996 Trovan drug test in Kano State, Sunday Trust<br />

can authoritatively report.<br />

The experiment left over 200 persons, mainly children,<br />

with deformities. Some have died.<br />

A source close to the <strong>com</strong>pany told Sunday Trust last<br />

night in a telephone interview that of the amount, $35<br />

million is going to be shared among the victims as<br />

<strong>com</strong>pensation; $30 million will be paid to Kano State<br />

Government for the construction of modern hospitals;<br />

and the remaining $10 million will be paid to cover<br />

litigation expenses by government on behalf of the<br />

victims.<br />

This development, it was gathered, was the drug<br />

<strong>com</strong>pany's response to a proposal submitted to it in a<br />

meeting held last month in Abuja by the stakeholders'<br />

delegation that included the Kano State Attorney-<br />

General and Commissioner for Justice, Aliyu Umar, a<br />

representative of the victims' parents, Mustapha<br />

Maisikeli, Barrister Maryam Uwais, and the state<br />

Commissioner for Health, Hajiya Aisha Isiyaku Kiru,<br />

the former Head of State, General Yakubu Gowon (rtd)<br />

and former American President Jimmy Carter.<br />

The two former presidents have been brokering an outof-court<br />

resolution of the issue. It was gathered also<br />

that General Gowon has intimated Governor Ibrahim<br />

Shekarau about the giant <strong>com</strong>pany's acceptance of the<br />

proposal. The deal will be sealed in Rome in March this<br />

year.<br />

"The money would be finally released to us in March in<br />

Rome when we are going to meet with General Gowon<br />

and Pfizer's representatives to finalise the deal," a<br />

parent of a victim told this newspaper.<br />

According to him, it is only when the agreement is<br />

written and the money received that the stakeholders<br />

would withdraw both the civil and criminal suits<br />

pending against Pfizer.<br />

When Sunday Trust contacted the drug <strong>com</strong>pany over<br />

the issue, its spokesman Christopher Loder, said in a<br />

statement issued in New York that "the <strong>com</strong>pany does<br />

not believe it is appropriate to <strong>com</strong>ment on the<br />

substance of its discussions with the governments at<br />

this time".<br />

"The Company has made and continued to make<br />

serious efforts to reach an appropriate and amicable<br />

resolution of the Nigerian federal and Kano state cases<br />

pertaining to Trovan. The settlement process is<br />

ongoing, and Pfizer is prepared to stay at the<br />

negotiating table until agreement are reached. We<br />

believe that settlement is in the best interest of all<br />

parties, and will avoid the continued cost and<br />

distraction of litigation, and can help improve and<br />

expand health care for the people of Nigeria," the<br />

statement said.<br />

This settlement follows months of negotiations between<br />

Pfizer and the Kano state government, representing the<br />

victims. The talks were brokered by General Gowon<br />

and US former president Jimmy Carter.<br />

It could be recalled that Kano State had filed civil and<br />

criminal suits against Pfizer, demanding $2.75 billion<br />

in <strong>com</strong>pensation for what it said was an illegal test of<br />

the meningitis vaccine Trovan on 200 children in 1996.<br />

Eleven of those children are alleged to have died from<br />

the drug test which also caused deformities in 189<br />

others. A separate $6.5 billion suit has been lodged<br />

against the US drug firm by the Nigerian federal<br />

government.<br />

Pfizer has denied any wrong-doing and insisted that the<br />

trial conformed to ethical practices and was carried out<br />

with the consent of the Nigerian government, insisting<br />

that "the <strong>com</strong>pany has said all along that all clinical<br />

evidence points to the fact that any deaths or injuries<br />

were the direct result of the devastating meningitis<br />

epidemic, and not the treatment provided to patients in<br />

the Trovan clinical study. With a survival rate of<br />

94.4%, Trovan helped save lives and was at least as<br />

effective as the best treatment available at Kano's<br />

Infectious Disease Hospital (IDH). For patients who<br />

did not participate in the Trovan clinical study, the<br />

survival rate was slightly less than 90%," Pfizer<br />

insisted in a statement.<br />

A source closed to the victims told our reporter in<br />

confidence that it was not true the rumour going round<br />

that it was the government that pressurized them to<br />

accept the drug giant's proposal. The decision, he said,<br />

was borne out of sympathy with the victims and their<br />

parents, as some of them had already died of<br />

frustration.<br />

-30- <strong>Traditional</strong> <strong>African</strong> <strong>Clinic</strong> April 2009<br />

http://allafrica.<strong>com</strong>/stories/200903010014.html<br />

☻☻☻☻☻☻

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