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Lawsuit

Pfizer lawsuit (re administration of experimental drug in Nigeria, filed in Nigeria)

Status: CLOSED

Incident date
May 30, 2007
Unknown
Children
Location of Filing: Nigeria
Location of Incident: Nigeria
Type of Litigation: Domestic

Companies

Pfizer United States of America Pharmaceutical

Sources

Snapshot: In 1996, Pfizer conducted a drug trial in Kano, Nigeria during an epidemic of bacterial meningitis.  The company tested an experimental antibiotic drug, Trovan, on about 200 children during this time. Patients claim that the drug was given without the informed consent of the children and their parents, and that the trial led to the deaths of 11 children and serious injuries to many others. This case profile looks at proceedings in Nigeria.

Nigerian legal proceedings

In 2001 a group of Nigerians sued Pfizer in the Federal High Court in Kano.  The plaintiffs in this case, Zango v. Pfizer International, alleged that Pfizer’s drug trials were illegal.  However, after severe delays, the plaintiffs elected to withdraw this case.  Some of the Zango plaintiffs were part of the Adamu action in the US. 

In May 2007, the state of Kano brought criminal charges and civil claims against Pfizer seeking over $2 billion in damages and restitution.  Settlement talks have been ongoing since November 2007.  In late January 2009, the state court adjourned the case until late February to allow more time for the parties to reach a settlement out of court.  In a separate action, the Nigerian federal government filed suit against Pfizer and several of its employees in June 2007 seeking nearly $7 billion in damages for the deaths of children involved in the Trovan drug trial.  In late January 2009, the Nigerian federal government informed the court that it has agreed with Pfizer to settle the lawsuit out of court.  In April 2009, the Kano state government and Pfizer announced that they have reached an agreement on the broad terms of an out-of-court settlement.  Pfizer and Kano state reached a final settlement in August 2009.  The parties agreed to a settlement figure of $75 million.  The amount of the settlement will be broken down as follows: $35 million to establish a fund for people that participated in the drug trial, $30 million will underwrite health care initiatives in Kano state and $10 million will be allocated to pay the state's legal costs.

Following reports of problems in the distribution of the settlement funds to families of the victims, Pfizer announced in August 2011 that it had made its first payments to families of four children who had died following the Trovan clinical trial. 

In November 2013, 186 victims filed a new lawsuit in a Federal High Court in Kano in which they argue Pfizer is allegedly in breach of the 2009 settlement agreement for limiting the criteria for compensation.  The hearings started in May 2014. In November 2014, Pfizer paid out compensation to victims of the 1996 Trovan clinical trial as set forth in the 2009 settlement agreement.

- "Pfizer pays out to Nigerian families of drug trial victims", David Smith, Guardian [UK], 12 Aug 2011
- "Pfizer Settles Lawsuits Over Drug Trials on Children in Nigeria", Sue Reisinger, Corporate Counsel, 23 Feb 2011
- "Pfizer settles drug testing case with Nigerian state for $75 million", Ross Todd, American Lawyer, 3 Aug 2009
- "Pfizer reaches settlement in notorious Nigerian drug trial", Joe Stephens, Washington Post, 4 Apr 2009
- “Attorney Continues Long Battle With Pfizer Over Nigerian Drug Experiments”, Douglas S. Malan, Connecticut Law Tribune [USA], 12 Feb 2009 
- “Split 2nd Circuit Revives Nigerian Families' Claims Against Pfizer Over Drug Tests”, Daniel Wise, New York Law Journal, 2 Feb 2009 
- “Fed Govt, Pfizer opt for out-of-court settlement”, The Nation [Nigeria], 27 Jan 2009 
- “Pfizer Drug Trial Case In Nigeria To Restart Feb 25”, AFP, 28 Jan 2009
- “Nigeria sues drugs giant Pfizer”, BBC News, 5 Jun 2007 
- “Pfizer faces criminal charges in Nigeria”, Joe Stephens, Washington Post, 30 May 2007

- Pfizer: [PDF] Pfizer responds to divided ruling by U.S. Court of appeals for 2nd circuit in cases related to Trovan study in Nigeria, 30 Jan 2009 
- Pfizer: [PDF] Pfizer issued the following statement in response to legal action taken against the company by the Nigerian government, 29 May 2007

- [PDF] Pfizer Inc. v. Abdullahi, et al. - Brief for the United States as amicus curiae, Solicitor General, US Department of Justice, 30 May 2010
- [PDF] Pfizer Inc. v. Abdullahi, et al. - Reply Brief for Petitioner, Quinn Emanuel Urquhart Oliver & Hedges LLP, 25 Aug 2009
- [PDF] Pfizer Inc. v. Abdullahi, et al. - Brief in Opposition, Altschuler & Altschuler, Milberg LLP, 10 Aug 2009
- [PDF] Pfizer Inc. v. Abdullahi, et al. - Petition for a Writ of Certiorari, Quinn Emanuel Urquhart Oliver & Hedges LLP, 8 jul 2009
- US Court of Appeals for the Second Circuit: [PDF] Rabi Abdullahi v. Pfizer, Inc., 30 Jan 2009 [decision reversing lower court’s dismissals] 
- US District Court for the Southern District of New York: 
     - [PDF] Adamu v. Pfizer, Inc., 8 Nov 2005 [dismissal] 
     - [PDF] Abdullahi v. Pfizer, Inc., 9 Aug 2005 [dismissal]

Case Timeline