Patients from all over the country sought compensation from the government, saying that hepatitis C was infected due to the administration of blood products, but it was not covered by the national relief because there was no record such as a chart. So, the Tokyo District Court dismissed the proceedings of 56 patients, saying that "the fact of administration was not found".
The government and pharmaceutical companies have provided remedies to pay benefits to patients with hepatitis C due to the administration of blood products such as "fibrinogen" approved in 1964.
However, since the medical practice that became a problem was more than 30 years ago, it is difficult to obtain medical record records and doctor's testimony, which are the premise of relief, and since 2010, patients and bereaved families from all over the country. Has filed a class action seeking compensation from the state.
In a ruling on the 19th, Judge Yusuke Fujisawa of the Tokyo District Court pointed out that "it is not appropriate to judge that the drug was not administered because there is no objective record of medical treatment."
On the other hand, "The Relief Law clearly stipulates the requirements for payment of benefits, and it is not possible to approve the administration just because the amount of bleeding at that time of the patient corresponds to the target to which the blood product is administered," he said. As a result of examination based on the records and the statements of the patient, 56 patients were dismissed as "the fact of administration is not found".
In the class proceedings of the Tokyo District Court, the court approved the administration in cases where the patient himself wrote down the situation at that time in detail, and 32 cases have been settled with the government so far.