Indonesian parents sue pharmaceutical companies, govt over deadly tainted drugs
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Mothers of acute kidney injury victims attending a preliminary hearing for a class-action lawsuit filed against the Indonesian government and drug companies in Jakarta on Jan 17, 2023.
PHOTO: REUTERS
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JAKARTA - When Ms Ratih Susilawati’s 11-month-old daughter developed a fever after her vaccination on Sept 7, 2022, she thought it would subside with medication as it had in the past.
She gave her daughter, Anggiya Belvania Fauziah, liquid paracetamol prescribed by a clinic three times a day. But instead of getting better, Belvania vomited frequently and had diarrhoea.
The next day, Ms Ratih, a 26-year-old satay seller in East Jakarta, took her daughter to a public hospital, where she was treated for four days. After her discharge, Belvania’s fever was gone. But she could not urinate and her feet became swollen.
Ms Ratih rushed her to the hospital again, and the child was put on a ventilator.
On Sept 27, Belvania was moved to Cipto Mangunkusumo Hospital, a prominent public hospital. There, the doctors said she had kidney failure and her condition was so “severe” that the chances of her survival were slim.
Ms Ratih saw Belvania the next day. “My daughter looked at me, signalling that she wanted to be carried and breastfed. Unlike other patients who were in a coma, she could still move, so I had hopes that she would recover,” the mother of two told The Straits Times. But Belvania lost consciousness that evening and died.
Anggiya Belvania Fauziah lost consciousness and died after consuming liquid paracetemol in September 2022.
PHOTO: MS RATIH SUSILAWATI
Ms Ratih is among 25 Indonesian families whose children had died from, or have been treated for acute kidney injuries caused by tainted medicine, and are fighting for justice in a class-action lawsuit against 11 defendants.
The defendants include drug makers – East Java-based PT Afi Farma and North Sumatra-based PT Universal Pharmaceutical Industries – the Food and Drug Monitoring Agency (BPOM) and the Health Ministry.
The trial will begin on March 9, after being postponed three times because some of the defendants did not turn up.
Nineteen children of the plaintiffs have died of acute kidney injuries, while six who survived struggle with various conditions from paralysis to nerve injuries.
More than 200 children nationwide died of acute kidney injuries caused by hazardous chemicals such as ethylene glycol and diethylene glycol, which appear as impurities in solubility enhancers used in liquid drugs for fever, cough and flu. These substances are usually used in the production of polyester fibres and anti-freeze formulations, and not intended for human consumption.
Lawyer Awan Puryadi, who is working with 12 other lawyers to help the families, said they are seeking compensation worth over 3 billion rupiah (S$264,000) for each victim who died and more than 2 billion rupiah for each injured victim.
“The two companies are the ones that committed crime by mixing or using the toxic chemicals, so we are asking for them to be held accountable,” he told ST.
“BPOM is negligent by not establishing standards to examine such toxic chemicals in drug manufacturing. It must adopt the standards (adopted) in other countries. The negligence caused the deaths of the children.”
The Health Ministry should also be responsible as it failed to ensure the medicine supply at health facilities is free from toxic and hazardous substances, he noted.
BPOM and the Health Ministry have yet to comment publicly on the lawsuit.
The Health Ministry’s spokesman, Dr Siti Nadia Tarmizi, said it was responding to calls from law enforcers and submitting requested documents. “It’s a legal process so we will wait,” she said.
When the lawsuit proceeds, the whole legal process is expected to take up to one year.
Indonesian Consumer Foundation executive director Tulus Abadi said the lawsuit would be important to act as a deterrent against similar occurrences. “The most obvious lesson learnt from this case is that consumers must fight back against businesses when facing harm caused by weak control by regulators.”
Ms Ratih said that while the lawsuit would not bring back her daughter, she hoped the guilty parties, including the companies who committed crime, would be held responsible. “Hopefully BPOM can also carry out thorough examinations of the drugs to ensure their safety,” she added.
