Wednesday, April 06, 2011

Plaintiffs appeal against court ruling over Iressa drug side effects › Japan Today

Plaintiffs seeking compensation over side effects from the lung cancer drug Iressa of British pharmaceutical maker AstraZeneca PLC filed an appeal Wednesday against last month’s Tokyo District Court decision which ordered that damages be paid only to some of the complainants.

The appeal, filed with the Tokyo High Court, rejects the lower court ruling, in which the government and the Japanese subsidiary of the British firm were ordered to pay a total of 17.6 million yen to two of the four plaintiffs, for failing to compensate all plaintiffs.

The Japanese government and AstraZeneca KK have already appealed the district court ruling.

Four bereaved family members of three patients filed the damages suit seeking a combined payment of 77 million yen in compensation from the state and AstraZeneca.

On March 23, the Tokyo District Court ordered the government and AstraZeneca to pay two of the plaintiffs, ruling that AstraZeneca did not sufficiently explain the side effects in a note attached to the drug and that the government failed to instruct the company to include in the note the possibility that a side effect could be fatal when it approved the drug in July 2002.

The court rejected the claims of the two other plaintiffs who are family members of a patient who began taking Iressa after emergency drug safety information on the product was issued on Oct 15, 2002.

Posted via email from Jack's posterous

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