EDITORIAL: Hepatitis B lawsuits

The Sapporo District Court on March 12 urged the government and plaintiffs to settle a damages suit over hepatitis B virus infections which, the plaintiffs claim, were caused by reuse of needles in group vaccinations.

Among a string of similar lawsuits, this is the first case in which the court has recommended a settlement. The Sapporo plaintiffs have decided to go along with the court's recommendation. We hope the government will also fall in step quickly and come to the negotiating table.

Nationwide, 1.4 million people are said to be infected with hepatitis B. The government has maintained a cautious position in these lawsuits, probably because of the indeterminate nature of the costs involved.

The costs will obviously vary depending on how hepatitis B sufferers at large are differentiated from those who became infected via reused needles. Tough negotiations are expected for setting the amount of damages to be awarded per person.

Still, the government should understand this is a life-and-death issue.

The hepatitis B virus is transmitted mainly via blood to infect the liver. Unless the virus somehow vanishes--which is known to happen--it could eventually act up and cause chronic hepatitis, cirrhosis of the liver, or even cancer of the liver.

Some of the 380 plaintiffs around the nation are already dead or dying. There is no time to waste.

In a lawsuit filed by five plaintiffs who claimed their hepatitis B infections were caused by needles reused in group vaccinations, the Supreme Court in 2006 accepted the plaintiffs' claim, held the government liable, and ordered the latter to pay 5.5 million yen ($608,300) per plaintiff in damages.

The top court acknowledged that the health ministry's failure to ban the reuse of vaccination needles caused these infections.

Vaccinations against certain diseases, which small children were required by law in the past to receive, have infected some of those youngsters with hepatitis B.

The government bears a heavy responsibility. Yet, even after the 2006 Supreme Court ruling in favor of the five plaintiffs, the health ministry still did nothing for the rest of the infected population.

Victims of hepatitis C infections caused by tainted blood products did not sue the government until after the hepatitis B lawsuits had been filed. But the government acted faster on hepatitis C suits, enacting a law in January 2008 to provide relief to all hepatitis C victims infected through tainted blood products.

The law made all victims of tainted blood products eligible for state compensation, irrespective of whether they were plaintiffs in the damages suits. So far, more than 1,400 people have taken advantage of this law.

With the hepatitis C suits, the government came under considerable pressure after a number of district courts ruled in the plaintiffs' favor and the Osaka High Court recommended a settlement. With the hepatitis B suits, the government should recognize the Sapporo ruling as the cue for expediting the establishment of an aid system for victims.

A basic law to combat hepatitis was passed last autumn. The preamble to the law says in reference to the hepatitis B suits, "The latest judicial decision has confirmed the government's responsibility (for infections caused by reused vaccination needles)." The government has no excuse to continue withholding aid from victims.

The basic law has enhanced a subsidy system for hepatitis patients undergoing treatment, and aid for hepatitis B sufferers has also been improved. But here again, this is no excuse for putting off aid to everyone.

Prime Minister Yukio Hatoyama has stated his commitment to studying the matter from all aspects, including financial. He needs to reach a quick decision.

--The Asahi Shimbun, March 23