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Second Circuit revives Nigeria lawsuits against Pfizer

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The US Court of Appeals for the Second Circuit on Friday reversed and remanded a lower court ruling, reviving two lawsuits brought by Nigerian families against Pfizer. The consolidated lawsuits allege that Pfizer violated international law when it administered an experimental antibiotic to Nigerian children without the consent or knowledge of their patients. The US District Court for the Southern District of New York had dismissed the complaints, ruling that the court lacked subject matter jurisdiction under the Alien Tort Statute (ATS) and in the alternative, on the ground of forum non conveniens. In overturning the district court's decision, the circuit court concluded:(1) that the district court incorrectly determined that the prohibition in customary international law against nonconsensual human medical experimentation cannot be enforced through the ATS; (2) that changed circumstances in Nigeria since the filing of this appeal require re-examination of the appropriate forum, albeit on the basis of a legal analysis different from that employed by the district court; and (3) that the district court incorrectly applied Connecticut's choice of law rules in the Adamu action.Pfizer issued a statement following the ruling that the decision by the court was only a procedural matter, and it remanded confident it will prevail on the merits. Pfizer also faces a lawsuit in Nigeria. In 2007, Nigerian officials filed an updated $7 billion lawsuit after a Nigerian court had rejected Pfizer's motion to dismiss. In October 2008, Nigerian and Pfizer officials announced that they hoped to reach an out of court settlement. At this time a settlement has not been reached.

Full post as published by JURIST - The Paper Chase on January 31, 2009 (boomark / email).