Tuesday, September 18, 2007

The Yomiuri Shimbun

reused vaccination needles announced a plan to file several class-action lawsuits against the central government by the end of this year.

The lawsuits are likely to be filed with at least five district courts, including those in Tokyo, Osaka and Sapporo.
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The announcement was made by Takahiro Okuizumi, who heads the group of attorneys who worked for the five plaintiffs, at a meeting of those who contracted the hepatitis virus through contaminated blood products and other medically related means.

The plaintiffs comprised people who contracted hepatitis B virus in their childhood through then mandatory vaccinations, and relatives of those who contracted the virus. The group originally filed a suit with the Sapporo District Court, which dismissed their demands in 2000.

But the Sapporo High Court ordered the government in 2004 to pay 16.5 million yen to three of the five plaintiffs.

In June last year, the Supreme Court ordered the central government to pay a total of 27.5 million yen, or 5.5 million yen each, to the five plaintiffs, saying it was highly likely the plaintiffs contracted HBV because of the repeated use of needles in group vaccinations.

The attorneys, currently in the process of forming groups of attorneys for each region, will accept telephone inquiries from hepatitis B patients and their relatives in an effort to solicit more members to join the planned suits.

After the Supreme Court acknowledged the central government's responsibility for HBV infections contracted through inoculations, the plaintiffs and the attorneys have been calling on the Health, Labor and Welfare Ministry to take measures to help other hepatitis B patients.

Though the government and the ruling parties pledged to extend financial support to cover medical expenses for hepatitis C patients, they failed to come up with any specific support measures to help HBV victims.

People who are highly likely to have contracted the virus through vaccinations--and who had no chance of contracting it from their mothers or through blood transfusions--are expected to participate in the class-action suits.
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The attorneys expect that more than 100 hepatitis B patients will join the class-action suits.
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"If the central government won't do anything [to solve the problem], we have no choice other than pursuing our claims in the court," Okuizumi said.

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