Dengvaxia maker Sanofi Pasteur must be charged — Senate Blue Ribbon draft report

A draft report of the Senate Blue Ribbon Committee has recommended the filing of charges against French drug manufacturer Sanofi Pasteur and its officials and employees over its anti-dengue vaccine Dengvaxia.

“Suits must be filed for violations of provisions of the Civil Code on Quasi-delicts against Sanofi for having sold a defective product, endangering, hurting, and may be even killing children who were injected with Dengvaxia,” Blue Ribbon committee chairman Senator Richard Gordon said, quoting the draft report, during a news forum Wednesday.

Gordon said that under Article 2176 of the New Civil Code, whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done.

He said such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict.

He added that criminal cases against the company’s officers and employees must also be considered, as well as possible co-principal participation in criminal violations of the public officials tagged in the mess.

Gordon said former President Benigno Aquino III, former Health secretary Janette Garin, former Budget secretary Florencio Abad, and other officials are "primary conspirators" and must be held criminally liable and must be prosecuted for all the tragedy, damage, and possible deaths resulting from the Dengvaxia mass vaccination program.

He said Aquino, Garin, Abad should be investigated and prosecuted for graft and corruption and violation of the Code of Conduct and Ethical Standards for Public Officials and Employees.

Also recommended to be charged with graft and corruption and violation of Republic Act 6713 were Philippine Children’s Medical Center chief Dr. Julius Lecciones; former Food and Drug Administration head Dr. Kenneth Hartigan-Go; former FDA officer in charge Dr. Lourdes Santiago; FDA Center for Drug Regulation and Research officer in charge Dr. Melody Zamudio; Disease Prevention and Control Bureau officers in charge Director III Dr. Joyce Ducusin, and Director IV Dr. Mario Baquilod.

The draft report also recommended that Department of Health (DOH) Assistant Secretary Dr. Lyndon Lee Suy be charged with perjury or false testimony.

The DOH is planning to file a civil case against Sanofi Pasteur for failure to disclose restrictions of Dengvaxia and withholding the fact that it may cause severe dengue to individuals who have yet to contract dengue or those seronegative.

The draft Blue Ribbon committee report has to be submitted to the senators for signature and presented to the plenary when session resumes in May. — BM, GMA News