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http://www.japantimes.co.jp/cgi-bin/getarticle.pl5?nn20030314a7.htm OSAKA (Kyodo) The government and a research center affiliated with Osaka
University were handed a court order Thursday to pay a total of 155 million
yen to the families of two children who died or suffered side effects after
receiving the MMR vaccine. The vaccine, which covers measles, mumps and rubella, has since been
banned because of its high side effects rate. The families of three children who were given the vaccine between 1989
and 1991 had sued the government and Osaka University's Research Institute
for Microbial Diseases for a total 350 million yen in damages, claiming that
their children had developed aseptic meningitis as a result. The Osaka District Court stated that the institute produced the vaccine
via a method different from that submitted to the health ministry and was
the likely reason for the ensuing problems. Presiding Judge Shinichi Yoshikawa ruled that vaccinations are procedures
"that the state actively carries out from the perspective of protecting
society." He added that the government neglected its responsibility over the
supervision of vaccine manufacturers and for ensuring that they follow the
Pharmaceutical Affairs Law. It is the first time that a court has ruled on a damages case related to
the vaccine, whose side effects have affected about 1,800 people nationwide.
The court ruled that the death of the son of a couple in Suita, Osaka
Prefecture, and the serious brain damage suffered by 13-year-old Hana Ueno,
from Hanamaki, Iwate Prefecture, were caused by the MMR vaccine. It ruled, however, that the child of a couple in Hyogo Prefecture died
after contracting influenza. Legal experts said that the ruling, which accorded the government a hefty
supervisory responsibility over vaccinations, could have a great impact on
future health administration and medicine-related lawsuits. The Japan Times: March 14, 2003
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Date: 8/10/2004 11:34:44 PM ( 9 year ago )
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