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Second Circuit reinstates lawsuit brought by Nigerian children alleging that Pfizer violated an international law norm prohibiting involuntary medical experimentation on humans when it tested an experimental antibiotic on children in Nigeria

Second Circuit reinstates lawsuit brought by Nigerian children alleging that Pfizer violated an international law norm prohibiting involuntary medical experimentation on humans when it tested an experimental antibiotic on children in Nigeria without their consent or knowledge: You can access today's ruling by a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.

Plaintiffs brought suit under the Alien Tort Statute. According to the majority opinion, "the district court incorrectly determined that the prohibition in customary international law against nonconsensual human medical experimentation cannot be enforced through the ATS."

In is dissenting opinion, Circuit Judge Richard C. Wesley writes, "I conclude that non-consensual medical experimentation by private actors, though deplorable, is not actionable under international law and would therefore affirm the district court's dismissal of Plaintiffs' complaints."

In related news, earlier this week, Dow Jones Newswires reported that "Pfizer Drug Trial Case In Nigeria To Restart Feb 25."

And previously, BBC News reported that "Nigeria sues drugs giant Pfizer; Nigeria has filed charges against the pharmaceutical company Pfizer, accusing it of carrying out improper trials for an anti-meningitis drug" and "Nigerians sue Pfizer over test deaths."

Full post as published by How Appealing on January 30, 2009 (boomark / email).