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[e-drug] WikiLeaks: Pfizer used dirty tricks to avoid clinical trial payout

E-DRUG: WikiLeaks: Pfizer used dirty tricks to avoid clinical trial payout
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[Guardian article, copied as fair use. Thanks to Judit for spotting. WB]

Cables say drug giant hired investigators to find evidence of corruption on 
Nigerian attorney general to persuade him to drop legal action

Source: 
http://www.guardian.co.uk/business/2010/dec/09/wikileaks-cables-pfizer-nigeria?CMP=twt_gu

By Sarah Boseley, health editor
Thursday 9 December 2010 21.33 GMT

The world's biggest pharmaceutical company hired investigators to unearth 
evidence of corruption against the Nigerian attorney general in order to 
persuade him to drop legal action over a controversial drug trial involving 
children with meningitis, according to a leaked US embassy cable.

Pfizer was sued by the Nigerian state and federal authorities, who claimed that 
children were harmed by a new antibiotic, Trovan, during the trial, which took 
place in the middle of a meningitis epidemic of unprecedented scale in Kano in 
the north of Nigeria in 1996.

Last year, the company came to a tentative settlement with the Kano state 
government which was to cost it $75m.

But the cable suggests that the US drug giant did not want to pay out to settle 
the two cases – one civil and one criminal – brought by the Nigerian federal 
government.

The cable reports a meeting between Pfizer's country manager, Enrico Liggeri, 
and US officials at the Abuja embassy on 9 April 2009. It states: "According to 
Liggeri, Pfizer had hired investigators to uncover corruption links to federal 
attorney general Michael Aondoakaa to expose him and put pressure on him to 
drop the federal cases. He said Pfizer's investigators were passing this 
information to local media."

The cable, classified confidential by economic counsellor Robert Tansey, 
continues: "A series of damaging articles detailing Aondoakaa's 'alleged' 
corruption ties were published in February and March. Liggeri contended that 
Pfizer had much more damaging information on Aondoakaa and that Aondoakaa's 
cronies were pressuring him to drop the suit for fear of further negative 
articles."

The release of the Pfizer cable came as:

• The American ambassador to London denounced the leak of classified US embassy 
cables from around the world. In tomorrow'sGuardian Louis Susman writes: "This 
is not whistleblowing. There is nothing laudable about endangering innocent 
people. There is nothing brave about sabotaging the peaceful relations between 
nations on which our common security depends."

• It emerged that Julian Assange had been transferred to the segregation unit 
in Wandsworth prison and had distanced WikiLeaks from cyber attacks on 
MasterCard, Visa, PayPal and other organisations.

• Other newly released cables revealed that China is losing patience with the 
failure of the Burmese regime to reform, and disclosed US fears that Europe 
will cave in to Serbian pressure to partition Kosovo.

While many thousands fell ill during the Kano epidemic, Pfizer's doctors 
treated 200 children, half with Trovan and half with the best meningitis drug 
used in the US at the time, ceftriaxone. Five children died on Trovan and six 
on ceftriaxone, which for the company was a good result. But later it was 
claimed Pfizer did not have proper consent from parents to use an experimental 
drug on their children and there were questions over the documentation of the 
trial. Trovan was licensed for adults in Europe, but later withdrawn because of 
fears of liver toxicity.

The cable claims that Liggeri said Pfizer, which maintains the trial was 
well-conducted and any deaths were the direct result of the meningitis itself, 
was not happy about settling the Kano state cases, "but had come to the 
conclusion that the $75m figure was reasonable because the suits had been 
ongoing for many years costing Pfizer more than $15m a year in legal and 
investigative fees".

In an earlier meeting on 2 April between two Pfizer lawyers, Joe Petrosinelli 
and Atiba Adams, Liggeri, the US ambassador and the economic section, it had 
been suggested that Pfizer owed the favourable outcome of the federal cases to 
former Nigerian head of state Yakubu Gowon.

He had interceded on Pfizer's behalf with the Kano state governor, Mallam 
Ibrahim Shekarau – who directed that the state's settlement demand should be 
reduced from $150m to $75m – and with the Nigerian president. "Adams reported 
that Gowon met with President Yar'Adua and convinced him to drop the two 
federal high court cases against Pfizer," the cable says.

But five days later Liggeri, without the lawyers present, enlarged on the 
covert operation against Aondoakaa.

The cable says Liggeri went on to suggest that the lawsuits against Pfizer 
"were wholly political in nature".

He alleged that Médecins sans Frontières, which was in the same hospital in 
Kano, "administered Trovan to other children during the 1996 meningitis 
epidemic and the Nigerian government has taken no action".

MSF – which was the first to raise concerns about the trial – vehemently denies 
this. Jean-Hervé Bradol, former president of MSF France, said: "We have never 
worked with this family of antibiotic. We don't use it for meningitis. That is 
the reason why we were shocked to see this trial in the hospital."

There is no suggestion that the attorney general was swayed by the pressure. 
However, the dropping of the federal cases provoked suspicion in Nigeria. Last 
month, the Nigerian newspaper Next ran a story headlined, "Aondoakaa's secret 
deal with Pfizer".

The terms of the agreement that led to the withdrawal of the $6bn federal suit 
in October 2009 against Pfizer "remain unknown because of the nature of [the] 
deal brokered by … Mike Aondoakaa", it said. Pfizer and the Nigerian 
authorities had signed a confidentiality agreement. "The withdrawal of the 
case, as well as the terms of settlement, is a highly guarded secret by the 
parties involved in the negotiation," the article said.

Aondoakaa expressed astonishment at the claims in the US cable when approached 
by the Guardian. "I'm very surprised to see I became a subject, which is very 
shocking to me," he said. "I was not aware of Pfizer looking into my past. For 
them to have done that is a very serious thing. I became a target of a 
multinational: you are supposed to have sympathy with me … If it is true, maybe 
I will take legal action."

In a statement to the Guardian, Pfizer said: "The Trovan cases brought by both 
the federal government of Nigeria and Kano state were resolved in 2009 by 
mutual agreement. Pfizer negotiated the settlement with the federal government 
of Nigeria in good faith and its conduct in reaching that agreement was proper. 
Although Pfizer has not seen any documents from the US embassy in Nigeria 
regarding the federal government cases, the statements purportedly contained in 
such documents are completely false.

"As previously disclosed in Pfizer's 10-Q filing in November 2009, per the 
agreement with the federal government, Nigeria dismissed its civil and criminal 
actions against the company. Pfizer denied any wrongdoing or liability in 
connection with the 1996 study. The company agreed to pay the legal fees and 
expenses incurred by the federal government associated with the Trovan 
litigation. Pursuant to the settlement, payment was made to the federal 
government's counsel of record in the case, and there was no payment made to 
the federal government of Nigeria itself. As is common practice, the agreement 
was covered by a standard confidentiality clause agreed to by both parties."

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