The Fluoroquinolone Toxicity Research Foundation

 
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4/87 CHLOROQUINE KIDNEY DRUG LITIGATION - Product Liability

In May 1987 the Tokyo District Court ordered six manufacturers of chloroquine, a drug for treating kidney inflammations, to pay 360 million yen in damages to 12 plaintiffs for loss of eyesight and other side effects from the drug. The court found that the manufacturers were aware of the problems with the drug as early as 1964 but did not warn doctors until 1972. In the same ruling the court did not find the government liable in the case. Plaintiffs have stated that they will appeal. The court also avoided comment on plaintiffs' demand for high punitive damages to keep the manufacturers from repeating such practices, taking inflation into account when calculating damages, and taking into account the intentional element of the actions by the manufacturers and the government in calculating damages. The court also held that the responsibility of the government to take action against side effects of drugs was exceptional in nature and the government would only be liable when it became very clear that the public health was in danger.

THE JAPAN LAWLETTER, April 1987. By Roderick Seeman