Duogynon suit files remain closed?

Duogynon lawsuit: files remain closed? The district court sees little chance to force the pharmaceutical manufacturer Bayer-Schering to grant access to the file. The case is barred after 30 years "after taking the drug".

Yesterday, the first day of the court took place at the Berlin district court. The judges signaled that there seems to be little scope for the alleged Duogynon victims to force the pharmaceutical company Bayer-Schering to grant full access to the file. A final verdict expected in early January 2011.

On the first day of the trial, the first harsh setback for the suspected Duogynon victims followed. According to the regional judges, there are few opportunities to enforce access to the file. The reason: The sale of the drugs in question took place in 1975. From one „first view“ Judge Udo Spuhl was barred by the matter. A release of the 30-year-old file is hardly possible anymore. A statute of limitations begins 30 years after „damaging event“ took place. The timing is equated with the sale of the drug. Accordingly, a lawsuit could have last taken place in 2005. Since no claims for damages can now be asserted, no access to the file can be demanded from the pharmaceutical manufacturer.

But the view of the plaintiffs is different. For the lawyer of the plaintiff André S. was the last operation of the injured party crucial and this took place in 2005. However, it remains unclear why Andre S did not submit a civil claim even then.

The lawsuit deals with the as yet unproven relationship between malformations of children and the drug „Duogynon“. The remedy was prescribed to women until late in the 1970s to test for possible pregnancy. In the following years, about 1,000 women gave birth to children, some with severe disabilities. During early pregnancy, the women would have taken the remedy. A little later, the group had withdrawn the drug from the market. A complaint at that time was unsuccessful. To date, Bayer-Schering refuses to grant a comprehensive access to the file. In the civil lawsuit, that same insight should be enforced to pave the way for hundreds of injured. In the view of the pharmaceutical manufacturer, there is no clear correlation. For this reason, one sees no reason to grant a file inspection.

Despite the first assessment of the judge, the victims want to continue. „My disability does not expire“ André S said during the trial. He has received many thousands of e-mails and letters from people who have also been affected. „From Duogynon victims and desperate mothers who want answers.“ If on January 11, 2011, in the sense of the plaintiff, a positive verdict will be made, Andre S. „if necessary, in the next legal instance“ pull and promises in the sense of the many other suspected Duogynon victims: „I pull that through!“ (sb, 01.12.2010)

Also read:
Malformations due to drug Duogynon?
Teacher sues Bayer over Duogynon

Picture credits: sigrid rossmann