The recent out-of-court settlement reached between the United States multinational drug makers, Pfizer and Kano State government over the 1996 Trovan drug test that killed 11 children and deformed about 200 others, may have finally ended the 13-year-old nightmare and legal headaches.

After the demonstration of patriotism by the authorities in Kano State and the defence of its dignity by Pfizer, there is finally a meeting point that is calming frayed nerves.

This settlement was formally announced last week by the Attorney General and Commissioner of Justice of Kano State, Aliyu Umar, who said that both parties have agreed to a certain settlement put by the media at about $75 million.

Sunday Trust had exclusively reported on March 1, 2009 that Kano State government had sought a settlement of that sum in the following regards: $10 million in legal fees, $30 million to Kano State government and $35 million to the victims. The $30 million, Sunday Trust gathered, should be used in rebuilding the Infectious Diseases Hospital where the drug trial was conducted as well as training medical personnel that would work there.

Even before this settlement was reached, there have been fears about the possible mismanagement of the funds. Will the Kano State Government put the funds into the infectious hospital? How can the government ensure that the true victims or the next-of-kin of the victims benefit from the $35 million earmarked for distribution among them? These and related questions have been the puzzle now that the final settlement has been reached.

Reports from the foreign media have it that even Pfizer is worried about some of these issues, saying that it wanted both parties to agree on the specifics and modalities of the health care initiatives that will be part of the settlement. The company is said to be arguing that the benefits of the settlement should be seen to reach those for whom they are intended as well as ensuring that the process is done in a very transparent manner.

It was reported in the Washington Post of Friday that "There are still several important issues that need to be resolved before a final agreement can be reached. Among other things, the parties must agree on the specifics and modalities of the health care initiatives that will be part of the settlement, as well as put in place procedures to ensure that benefits of the settlement reached those for whom they are intended, and that the process is transparent. Pfizer is committed to bringing the Trovan matter to a fair and final conclusion."

For a settlement to come to fruition, one of the most vital issues that should be fashioned out is the manner and the structure in which the healthcare fund would be made available to victims of the drug trial.

Apart from identifying the true identity of the victims it is very important that the fund should be administered by a credible agency, especially a non-political one.

The company's brief of the settlement stated that the company "is prepared to financially support projects on a sustainable basis. But the process must be as transparent as possible. Pfizer and the Kano government should agree on specific projects or initiatives that would be the focus of the proposed fund. That way, the people of Kano will know what to expect, and there can be accountability to make sure that the company's intentions are fulfilled."

The company, a source said, has indicated willingness to support the construction of a pediatric wing at Kano's Infectious Disease Hospital, and funding for the training of pediatric specialists in Kano on the treatment of infectious diseases. This is part of the measures the company has taken to protect the funds from possible mismanagement.

As it stands, the former Head of State General Yakubu Gowon (rtd), former American President, Jimmy Carter, Governor of Kano State, Malam Ibrahim Shekarau, and his Attorney-General, Aliyu Umar, have their names at stake over this aspect of the final settlement. It is the very first time that an international firm would make such compensation to any group of persons in Nigeria, and it will be quite unfortunate if the principles of transparency and equity are not brought to play.

The recent agreement was reached nearly nine years after details of the drug trial were first made public by a United States prominent newspaper, Washington Post investigative series. As it were therefore, it was not initiative by any government agency, but by a foreign newspaper, which could have decided not to publish the investigation that hurt the reputation of one of the biggest pharmaceutical companies in the world. While administering the funds, this background should not elude those charged with the huge responsibility.

Kano state had sued the company in 2007 for $2 billion in damages and the Federal Government followed suit, seeking an additional $6.5 billion in restitution and damages as well as jail terms for various Pfizer officials.

Pressure to settle the case increased last January, when a United States federal appeals court ruled that two parallel lawsuits against the drug maker, brought by Nigerian families in U.S. courts, could proceed.

Beyond the case of transparency in the disbursement of the claims, there is still another challenge. That of the killer meningitis ravaging the northern part of the country. At the last count, not less than 800 persons have been killed in the epidemic between January and March 2009. This is very instructive. It means that the solution sought about 13 years ago, that led to the tragedy has not been obtained. Of all the countries in Sub-Saharan Africa, the number of those killed by the epidemic in Nigeria surpasses those killed in other countries like Niger Republic, Cameroon, Chad, and those that have the same weather condition as Nigeria. This means that the country has not got it right in terms of health care delivery system.

It is therefore good news that an out-of-court settlement that will bring succour to the government and victims of the Trovan drug test has been reached. But has meningitis been brought under control? This is the question that health authorities in Nigeria and the governors of Northern Nigeria should attempt to answer at this point.