Business Standard: New Delhi: Tuesday, April 22, 2014.
The Supreme
Court on Monday directed the Union health ministry to make drug companies
that want to experiment with new
formulations answer three queries in a format to be prepared by the technical
committee.
The
pharmaceutical companies must specify whether the risk involved in testing the
new formulations on human beings is justified by the benefits expected from the
exercise, whether there are unmet needs for the drug in this country
necessitating the innovation and whether safer are methods available.
The court
stated that by demanding responses on these three parameters, a lot of
confusion can be obviated. The Bench headed by Justice R M Lodha gave two
months’ time to the government to follow the order.
The order was
passed in the public interest petition moved by Swasthya Adhikar Manch alleging
deaths and injuries to poor people in Madhya Pradesh, where unmonitored
experiments were allegedly organised on without getting informed consent from
the subjects.
Counsel
Sanjay Parikh mentioned a news report in which it was alleged that 254 persons
died in 15 years in US-funded clinical trials conducted on a control group
without screening.
While the
government objected to mentions of news reports, the court allowed Parikh to
file an application including the report, which will be considered in the next
hearing.
When Parikh
alleged that neither the government nor the sponsors gave compensation for the
deaths and permanent injuries, the judges suggested that the compensation could
be paid first by the government and it could be recovered from the companies.
Victims could be informed about compensation rights through ads or opening an
office where they can record their claims.
Parikh argued
that in the past few years, there were 125 deaths resulting from experiments
with one chemical alone and compensation was given only for five deaths.
Adequate information regarding compensation to the death and injury cases was
not coming forth and there were inconsistencies in what the government stated
in the court and what was available from right to information queries.
Additional
Solicitor- General Siddharth Luthra said committees have been constituted to
look into the claims for compensation. When it was pointed out that years have
gone by without any decision, the counsel explained that the government had to
see whether the victims have already availed of insurance benefits and assess
the actual degree of damage suffered in each case.
He said those
who suffered injuries are given treatment. The judges observed that sometimes
deaths would be preferred then continue with the suffering.