VICTIMS of thalidomide have won an $89 million settlement from the drug’s distributor, but their lawyers say the drug’s manufacturer behaved appallingly in not paying compensation.
More than 100 Australian and New Zealand victims, many of whom were born with missing or shortened limbs, will be compensated under the landmark settlement, announced to the Victorian Supreme Court on Monday. The $89 million will be paid by the drug’s distributor DIAGEO, with thalidomide’s manufacturer GRUNENTHAL not included in the settlement.
A class action against GRUNENTHAL will no longer proceed. Lawyers for the victims say GRUNENTHAL’s conduct has been appalling.
“Every single Australian thalidomider was injured by a drug made by GRUNENTHAL in Germany,” lawyer for the victims said. “Despite that, GRUNENTHAL still will not pay a cent to its Australian and New Zealand victims.
“Fifty years on, GRUNENTHAL will still not `fess up to its shameful behaviour in relation to that drug.” “The result we have achieved today is a vindication of their courage and it is a vindication of the proposition that right around the world there are people like them who have missed out and whose time has come,” the lawyer said. A lawyer for the victims said in some ways he regretted that the settlement meant they could take no further action against GRUNENTHAL in this country but voiced hopes it will pay its dues elsewhere in the world. “We think time is running out on GRUNENTHAL, and before too long its sorry secrets and its embarrassing and shameful conduct in relation to the drug will be exposed,” he said.
The settlement comes after DIAGEO last year reached a multi-million-dollar settlement with prominent thalidomide victim Lynette Rowe, who was born with no limbs, was in court for Monday’s announcement.
The drug was distributed in Australia and New Zealand around 1960 and 1961 by DISTILLERS, which became part of DIAGEO in 1997.
GRUNENTHAL apologised for thalidomide for the first time in August last year. The settlement is subject to final court approval in February, with victims likely to receive payments as early as March 2014.
AAP