Daily Independent (Lagos)
Augustine Madu West
25 November 2008
Kano — Unfolding developments lately have kept no one in doubt as to the possible out of court resolution of the long-drawn battle between the Nigeria government and the United States of America-based pharmaceutical giants, Pfizer Incorporated, over the 1996 Trovan test in Kano in which some lives were allegedly lost and many children maimed. The controversial test was the company-s response to the outbreak of meningitis in parts of the northern region where about 200 patients were administered with the new drug, De Trovan, out of which 11 of the patients were said to have died while many others suffered permanent disabilities. Pfizer has consistently insisted that the exercise received the approval of the Federal Government before they were administered. But the Kano State government denied ever being involved in the Trojan drug test, which they said did not follow due process.
The dispute generated by the resultant accusations and counter-accusations resulted in a series of litigations, both criminal and civil, against the drug giants by the Federal Government between 2001 and 2006 in which the federal authorities were demanding $7 billion as damages. Kano was equally demanding for $2 billion as compensation for the victims.
Hope that the legal fireworks provoked by the controversy would soon come to an end emerged early October this year in Kano when the warring factions agreed to settlement of the dispute out of court. The Kano State government and Pfizer had through their legal representatives jointly requested for a long adjournment that would enable the two parties sort out gray areas that had impeded previous dialogues towards peaceful resolution of the dispute and requested that the case be adjourned to November 27 when they both agreed they would have taken a final decision on the issue and presented their report to the presiding judge.
However, a fresh concern has emerge this time over who are the real victims and whether the huge amount of dollars to be paid to the government as compensation to the victims would actually get to the real victims. Even though the terms of settlement remains unknown, it is believed that Pfizer, whose initial $10 million compensation was turned down by the government, is dangling a fresh package of between $34 and $50 million to be shared by the Federal the state and the victims. While it appears that all is set for the parties to embrace the latest move and put this case behind, a fresh worry is emerging from the controversy regarding who the actual victims are as well as their actual numbers, as, according to our finding, the list of victims of late continues to grow as against the original list presented to the company and this development is attracting bitter comments and may not allow for a level playing ground needed to adequately tackle the matter, because one source said "on the list are 148 unknown victims of the controversial test among other inexplicable and worrisome developments in this case".
Daily Independent also learnt that the state government's list of victims of the test is based on the report of Abdul Salaam Nasidi Investigation Committee, which looked into the circumstances that surrounded the test, but Pfizer legal team is expressing serious doubt that two-thirds of the victims named by the state government in the court cases may not have been part of the study at all based on information contained in the Nasidi report that listed 200 people that participated in that exercise, noting that about 18 out of the said 57 individuals cited in the Kano State complaints never matched the initials and genders of the patients' list in the Nasidi report
For instance, one case that has cast doubt on the accuracy of the list is the Anas Mohammed case. He was between 2007 and early this year featured as one of the victims of the controversial test but was not mentioned in the Kano State government complaint list of 57, yet he was discovered to be one of those treated with Ceftriasona, a medication against meningitis at the time of the Trovan test in 1996 and up till date. Several reports, according to sources, created the impression that Anas suffered brain damage after being treated with Trovan, "but the picture of Anas Mohammed published in Africa Today magazine in its September 2007 edition holding a pink coloured patient card identified him as a patient treated with Ceftriasona and not Trovan and has been proved that he has no brain damage".
Just recently, precisely three weeks ago, a Kano-based newspaper The Pyramid came out with a publication alleging that a number of fake victims of the controversial Trovan test are contained on the list being paraded by one Alhaji Mujitaba Maiskeli, a self acclaimed defender of the victims. Our findings showed that the scandal surrounding the victim list blew open again few weeks ago when one of the local councils where most of the victims hail from invited victims for a preliminary compensation package from the state government pending Pfizer-s comprehensive package. The government had doled out N100, 000 for each of the victims, but they ended getting between 8,000 to 10,000 each and the newspaper concluded its write-up by saying that what remained the real scandal was not the short-changing of the supposed victims of the test, but the inclusion of many fake victims on the list.
Daily Independent gathered that from the way things are regarding compensation of victims of the test; it is obvious that the money may end up in wrong hands. Observers believe that it is in the interest of the parties concerned to work out modalities that would be acceptable to all in respect of the list of the victims so that the exercise can make meaningful impact.
Indications that relief may soon come the way of families of the 1996 Pfizer Trovan Drug Test victims in Kano, a test, which sparked off a protracted legal battle between the drug giant and the Kano State Government since the incident occurred 12 years ago emerged last month. Although the case has dragged for too long with the Kano State government claiming $2 billion from Pfizer as damages following the death of 11 children allegedly administered with the Pfizer drugs following outbreak of meningitis in the state, efforts appear to be on top gear to settle the issue out of court. Representatives of the state government and Pfizer are holding consultations towards achieving success in that direction.
When the case came up for hearing on October 27, 2008 at the Kano High Court presided over by the Chief Judge of Kano State, Alhaji Shehu Atiku, the Attorney General and Commissioner for Justice, Alhaji Aliyu Umar, requested for adjournment towards the end of November to enable both parties sort out gray areas that were impeding efforts in the past towards out of the court settlement. Lead counsel for Pfizer, Chief Tony Idigbe (SAN), did not object to the request. Following the agreement between the two, November 27 was fixed for further hearing on the controversial case.
Speaking with reporters after the adjournment of the case, Idigbe gave reason for the long adjournment, pointing out that it was to allow the parties enough time to exhaustively deliberate on the issue of amicable settlement, adding that efforts had reached advanced stage for an amicable resolution of the problem between the Kano and Pfizer International.
His words: "We have made a lot of progress outside the court and we are confident that the next time we meet, we will be presenting a report on settlement out of court. We have better confidence in the process and we are working towards a peaceful deal and hopefully we will before the next hearing come out with a position that will be satisfactory to both parties."
Before granting the request for adjournment, Atiku expressed strong hope that before the next hearing, defence and plaintiff counsel might have reached an agreement that would be binding on both parties.
Idigbe declined to give the details of the package for the negotiation, pointing out that it remained a secret until the desired aim is achieved. He told journalists in Kano at the Tropicana Hotel venue of the press conference that they had secured an understanding with the government to talk things over and express optimism that this time round the discussion would be fruitful.
The drug manufacturing company through its lawyer confessed that the case, which has dragged for over seven years, had greatly affected its social responsibility programmes in Nigeria and to the Nigerian people, pointing out that if they are able to achieve amicable resolution of the dispute, the company will be able to resume its social programmes that would benefit the nation substantially.
Some of the programmes that have suffered, according to Idigbe as a result of the litigation, include the roll back malaria programmes and the re-equipping of hospitals, among others. He stated that even though Pfizer is desirous of amicable settlement, "the gesture should not be seen as part of its concern to the plights of the families of the victims; Pfizer test was run according to laid down principles".
Idigbe in a chart with reporters advanced reasons why Pfizer is desirous of amicable settlement of the dispute. His words: "Pfizer restates its readiness to pursue amicable resolution of the problem so that every one would benefit from the company's programme. Pfizer's desire for amicable settlement should not be interpreted as admission of liability in the alleged problem over the Trovan test because we want to pursue a situation of 'no victor, no vanquished'. We prefer to take the route of the two sides winning and working to rebuild because the damage that has been caused by the mere fact of this case cannot be assessed right now and I must tell you that Kano State is the most important market for Pfizer and as at today it is still saving lives through its medicines made available for common diseases like malaria and very complicated problems like cardiac problem."
A statement released by Pfizer in New York recently in response to what it described as misleading and inaccurate statement regarding settlement negotiations with Nigeria in connection with litigation arising from the 1996 Trovan clinical study said although Pfizer believes that the lawsuits have no legal merits "the company has made and continues to make serious efforts to reach an appropriate and amicable resolution of all litigations pertaining to Trovan with the Federal and Kano State governments of Nigeria".
The company's settlement proposal, the statement further said, is both reasonable and significant and consistent with Pfizer's longstanding efforts in Nigeria to provide critical healthcare solutions. The proposal consists of a fund to provide assistance to participants in the study, the underwriting of projects that would improve and expand healthcare in Nigeria and funds to cover legitimate legal expenses incurred by the government in the case.
The New York office noted that the real reason for lack of progress in the settlement talks is the excessive and unsubstantiated claims put forth by the private lawyers hired by the government. Notwithstanding Pfizer's numerous demands, they have repeatedly failed to.
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