Researchers often cite an episode in northern Nigeria about a decade ago, when political and religious leaders instructed parents not to immunize their children against polio. The leaders said they believed the vaccines could be contaminated with an antifertility agent meant to sterilize the population, as well as with HIV, and immunizations stopped.
In one report, a top personnel with a nonprofit institution said:
“The leaders actually admitted that they didn’t really believe the vaccine was contaminated, but they were opposed to the polio eradication effort because they viewed it as a Western-led activity.”
Not many people know of a case where big pharma, Pfizer, used a community in Nigeria for clinical trials without declaring it but instead said that it was a vaccine.
Pfizer was sued after 11 children died in a clinical trial when the northern state of Kano was hit by Africa’s worst ever meningitis epidemic in 1996 which killed over 12,000 people in all.
A hundred children were given an experimental oral antibiotic called Trovan, while a further hundred received ceftriaxone, the “gold-standard” treatment of modern medicine.
Five children died on Trovan and six on ceftriaxone. But later it was claimed that Pfizer did not have proper consent from parents to use an experimental drug on their children and questions were raised over the documentation of the trial.
In their defense statement, Pfizer wrote in part:
“Pfizer did not misrepresent or conceal any facts in its decision to come to Nigeria. In fact, the company’s intent was clear from the beginning. Pfizer’s long-term goal was to bring a life-saving, innovative, and cost-effective form of antibiotic that could be used effectively in a meningitis epidemic in a developing country.
“An approval letter from NAFDAC obtained on March 20, 1996, states that (1) “We have been supplied with adequate information about the drug and its proposed investigational use by the sponsor” and (2) “The drug may be legally used by investigators in Nigeria.”
Eventually, the case was settled for $175 million and the case was handled by the law firm of the current Vice President of Nigeria, Professor Osinbajo, SAN.
Sources:
In November 2013, 186 victims filed a new lawsuit in a Federal High Court in Kano in which they argue Pfizer is allegedly in breach of the 2009 settlement agreement for limiting the criteria for compensation. The hearings started in May 2014. In November 2014, Pfizer paid out compensation to victims of the 1996 Trovan clinical trial as set forth in the 2009 settlement agreement.
– “Pfizer pays out to Nigerian families of drug trial victims”, David Smith, Guardian [UK], 12 Aug 2011
– “Pfizer Settles Lawsuits Over Drug Trials on Children in Nigeria”, Sue Reisinger, Corporate Counsel, 23 Feb 2011
– “Pfizer settles drug testing case with Nigerian state for $75 million”, Ross Todd, American Lawyer, 3 Aug 2009
– “Pfizer reaches settlement in notorious Nigerian drug trial”, Joe Stephens, Washington Post, 4 Apr 2009
– “Attorney Continues Long Battle With Pfizer Over Nigerian Drug Experiments”, Douglas S. Malan, Connecticut Law Tribune [USA], 12 Feb 2009
– “Split 2nd Circuit Revives Nigerian Families’ Claims Against Pfizer Over Drug Tests”, Daniel Wise, New York Law Journal, 2 Feb 2009
– “Fed Govt, Pfizer opt for out-of-court settlement”, The Nation [Nigeria], 27 Jan 2009
– “Pfizer Drug Trial Case In Nigeria To Restart Feb 25”, AFP, 28 Jan 2009
– “Nigeria sues drugs giant Pfizer”, BBC News, 5 Jun 2007
– “Pfizer faces criminal charges in Nigeria”, Joe Stephens, Washington Post, 30 May 2007
– Pfizer: [PDF] Pfizer responds to divided ruling by U.S. Court of Appeals for 2nd circuit in cases related to Trovan study in Nigeria, 30 Jan 2009
– Pfizer: [PDF] Pfizer issued the following statement in response to legal action taken against the company by the Nigerian government, 29 May 2007
– [PDF] Pfizer Inc. v. Abdullahi, et al. – Brief for the United States as amicus curiae, Solicitor General, US Department of Justice, 30 May 2010
– [PDF] Pfizer Inc. v. Abdullahi, et al. – Reply Brief for Petitioner, Quinn Emanuel Urquhart Oliver & Hedges LLP, 25 Aug 2009
– [PDF] Pfizer Inc. v. Abdullahi, et al. – Brief in Opposition, Altschuler & Altschuler, Milberg LLP, 10 Aug 2009
