May 26, 2012
The Osaka High Court on May 25 rejected demands for compensation from victims of the anti-lung cancer drug Iressa against the state and a pharmaceutical company.
The court overturned a lower court decision which accepted the victims’ claim that AstraGeneca, the drug company importing and selling Iressa, failed to fulfill its responsibility under the Product Liability Act to clearly state in writing the risk of Iressa’s side effects such as interstitial lung diseases in drug usage instructions for doctors.
Furthermore, the court recognized the effectiveness of the drug and justified the government’s approval to import and sell the drug.
Following the court decision, plaintiffs’ lawyer Minaguchi Masumi at a press conference criticized, “Even though 180 patients who took lung cancer medication died within 6 months after Iressa was approved, the court paid little attention to the report detailing the dangers from Iressa’s side effects.”
The lawyers group and plaintiffs group will appeal to the top court.
The court overturned a lower court decision which accepted the victims’ claim that AstraGeneca, the drug company importing and selling Iressa, failed to fulfill its responsibility under the Product Liability Act to clearly state in writing the risk of Iressa’s side effects such as interstitial lung diseases in drug usage instructions for doctors.
Furthermore, the court recognized the effectiveness of the drug and justified the government’s approval to import and sell the drug.
Following the court decision, plaintiffs’ lawyer Minaguchi Masumi at a press conference criticized, “Even though 180 patients who took lung cancer medication died within 6 months after Iressa was approved, the court paid little attention to the report detailing the dangers from Iressa’s side effects.”
The lawyers group and plaintiffs group will appeal to the top court.
