Pharmaceutical Companies Faced Accountability for Toxic Cough Syrup, According to Indonesian Court Decision
Over 200 children in Indonesia experienced fatal injuries, and approximately 120 survived, some enduring lifelong disabilities which brought financial struggles upon their parents.
In judicial proceedings, Indonesian courts pointed out the negligence of pharmaceutical companies, including domestic drug manufacturers and certain suppliers, along with the country's Food and Drug Agency (BPOM), as key factors in the poisonings.
At the end of 2022, more than 20 families filed a civil lawsuit against the agency, the health ministry, and various companies.
According to a verdict announced on Thursday, the Central Jakarta court held drug manufacturer Afi Farma and supplier CV Samudera Chemical responsible for the poisonings. The health ministry and BPOM, however, were exempted from blame.
The court ordered the companies to compensate the families of the deceased children with 50 million rupiah and 60 million rupiah for injured children. The families had requested 3.4 billion rupiah per deceased child and 2.2 billion rupiah for surviving children. At current, Indonesia's 2023 GDP per capita amounts to nearly $5,000, as indicated by data from the country's Statistics Bureau.
Siti Habiba, lawyer for the families, expressed dissatisfaction with the ruling, stating that the monetary compensation was reminiscent of charity. "This breaks the hearts of many victims," she said, conveying their frustration that the court overlooked their concerns about government oversight by not holding the health ministry and the BPOM accountable.
The court summary, published on its website, did not explain the reasons behind the decision.
Reza Wendra Prayogo, Afi Farma's attorney, indicated that the company was displeased with the civil case ruling and was contemplating further legal action.
Previously, a criminal court declared East Java-based drugmaker Afi Farma liable for negligence and imprisoned officials for failing to test the hazardous ingredients provided by their supplier.
The syrups contained ethylene glycol (EG), a widely used chemical in items like brake fluid and antifreeze. A legal document from the 2023 Afi Farma criminal trial revealed that the EG concentration in the syrups reached as high as 99%, which greatly surpasses international safety standards of only 0.1% EG consumption.
The company consistently denied any wrongdoing.
Reuters was unable to contact CV Samudera Chemical, an Indonesian soap manufacturer, whose toxic component allegedly reached Afi Farma, according to the court document for the Afi Farma criminal case in 2023.
The World Health Organization confirmed that poisoned medicines had also claimed the lives of children in Gambia and Uzbekistan in 2022.
The World Health Organization reported cases of children dying from poisoned medicines in Gambia and Uzbekistan as well, making it a global issue beyond Indonesia.
The tragedy in Indonesia highlighted the need for stricter regulations and oversight in the pharmaceutical industry across Asia to prevent similar incidents.
