The High Court has refused to halt actions by two women who claim they suffered alleged severe side effects as a result of taking the anti-inflammatory pain control drug, Aulin/Nimesulide.
The women have brought separate cases against Helsinn Birex Pharmaceuticals Ltd, Helsinn Birex Therapeutics Ltd, Ergha Healthcare Ltd, PCO Manufacturing Ltd, Gowrie Ltd trading as B&S Healthcare, and Pinewood Laboratories Ltd. The Irish Medicines Board and the Minister for Health and Children are also being sued.
In both sets of proceedings, the women allege the Helsinn and Ergha defendants acted negligently and/or in breach of duty in or about the manufacture of Aulin/Nimesulide.
The first woman, who was a member of a hospital nursing staff, claims that prior to and in or around the time of taking the drug in 2003, she suffered from severe onset jaundice.
She became aware she could make a potential claim in 2008 and initiated the action, as did the other woman, in 2009.
In her case, it is alleged that the medication was not prescribed but supplied to her by “pharmaceutical company representatives” who allegedly gave samples to her and other nursing staff members in the hospital in which she worked.
The second woman, who says she used the medication on prescription in or about 2006, claims she was hospitalised with jaundice and severe acute hepatitis in July 2006. She also became aware of a potential claim in or about 2008.
All defendants deny the claims.
The Helsinn and Ergha defendants brought an application seeking dismissal of both actions on grounds of inexcusable and inordinate delay.
The two women opposed the application.
In a judgement just published, Ms Justice Nuala Jackson refused the application.
She said that having considered the evidence of prejudice to the Helsinn and Ergha defendants, and balancing this against the undeniable prejudice to the women arising from a striking out of their claims, she was unable to conclude that allowing the actions to proceed would result in a real and tangible injustice to the drug companies.
She found however that there has been an inordinate and inexcusable delay in this matter with the women having not progressed their proceedings with reasonable expedition.
She said this cannot be permitted to continue and she would list the actions for case management, at which time both sides may address the manner in which these proceedings may expeditiously proceed to hearing.
