Jan. 16 (Bloomberg) -- Only 10 percent of
hepatitis C sufferers in Japan who caught the cancer-causing virus from
contaminated blood products might be eligible for compensation because
the source of infection for the others hasn't been proven, a lawyer
representing some of the victims said.
Japan passed a law last week enabling victims to receive as much as 40
million yen ($377,000) in damages after transfusions they received more
than a decade ago weren't adequately treated and screened for diseases
including HIV. More than 10,000 people contracted hepatitis C from
tainted blood products and 1,000 will qualify for compensation, said
lawyer Yoshiaki Yamanishi.
Hepatitis C cases were linked to plasma, hemoglobin and other blood
products prepared from local and imported supplies by a Mitsubishi
Tanabe Pharma Corp. unit. Patients need proof of their exposure to get
compensation. Many patient records were destroyed after hospitals were
no longer required to keep them.
We get phone calls every day from sufferers who can't track their
medical records,'' Yamanishi, who represents more than 200 victims, told
reporters in Tokyo yesterday. ``I suspect many medical records can be
found. We have to think of ways to approach clinics and hospitals to
encourage them to make more serious attempts to find them.''
Hepatitis C, the main cause of liver cancer, is a blood- borne virus that
affects as many as 200 million people worldwide, mostly drug addicts, kidney
dialysis patients, hemophiliacs and people transfused with blood before
1990.
Liver Transplants
The virus, which causes no symptoms in 80 percent of those infected, is
responsible for two-thirds of all liver transplants, according to the World
Health Organization.
Those with symptoms of disease usually complain of jaundice, fatigue,
abdominal pain, loss of appetite and nausea, according to the Centers for
Disease Control and Prevention in Atlanta. About 3.5 million people in Japan
have at least one of the five viruses that cause hepatitis.
The government plans to spend 180 billion yen over seven years on programs
to treat and prevent hepatitis infections, and to avoid complications such
as cirrhosis and cancer. The proposal will be discussed in the parliamentary
session starting Jan.
18.
Yesterday, Prime Minister Yasuo Fukuda reiterated an apology to hepatitis C
sufferers who were infected by tainted infusions and the government's
negligence in preventing them.
Severe Side Effects
``I was really pleased to hear that Prime Minister Fukuda expressed the
commitment to help all sufferers,'' said Michiko Yamaguchi, who was infected
with hepatitis C from a blood infusion and has campaigned for compensation.
Yamaguchi said she suffered ``severe side effects'' from her treatment and
was forced to quit her teaching job.
The government's settlement proposal will be heard in the Osaka High Court
on Feb. 7. Mitsubishi Tanabe, whose Green Cross unit was named in the suit,
will share the settlement cost.
Plaintiffs seeking damages in a class action against the government and the
Osaka-based drugmaker claimed that transfusions -- including a
human-derived, blood-clotting product called fibrinogen -- made and sold
between 1964 and 1994 risked causing hepatitis C, according to the
plaintiffs' web site.
People who had lost blood or were at risk of hemorrhage during childbirth or
surgery may have been treated with those products during the 30-year period
and may have been infected with hepatitis C, it said. About 96 percent of
the plaintiffs are women, according to lawyer Yamanishi.
Imported Blood
Green Cross may have imported blood plasma from South Korea, Canada and the
U.S., Singapore and Switzerland, according to a
report submitted by the company to the health ministry in 2004. It's not
known how the human-derived materials were combined
to make fibrinogen because records can't be found, the company said.
Scientists showed the potential risks of hepatitis infection from donated
blood in the late 1970s, prompting the U.S. to take human-derived fibrinogen
off the market, said Ryuhei Kawada, a member of Japan's upper house
parliament.
Kawada, 32, who suffers from the inherited blood disorder hemophilia,
contracted HIV and hepatitis C through infected donated blood products.
``Things may have been very different if Japan's health ministry had taken
action in the late 1970s,'' Kawada told a press briefing at the Foreign
Correspondents' Club of Japan in Tokyo today. The ``government had ways to
take action.''
The health ministry identified in 2004 the clinics and hospitals where
potentially infected blood products were delivered, and has called for the
public to be screened for transfusion-induced diseases.
In Japan, medical institutions are required by law to keep patients' medical
treatment records for at least five years and results of diagnostic tests,
such as X-rays, for at least two.
Our legal team has found that some historic records exist in 30 percent of
clinics and hospitals,'' lawyer Yamanishi told the same briefing in Tokyo
today. ``Many may have kept the records in storage, but have said they have
been destroyed. We need to validate this,'' he said, adding that the
government and Mitsubishi Tanabe should share in the cost of finding and
retrieving them.