"Unjust accusations" against "the reality of the case". On the last Monday day of the river trial of the Mediator health scandal in Paris, the defense of Servier laboratories tried, for the last time, to demonstrate the absence of any criminal offense.
Beginning his acquittal, one of the pharmaceutical group's lawyers, François de Castro, asked the criminal court "one last little effort" when the trial opened months earlier, on September 23. "I will not be brief," he warns, announcing that he intends to return to "26 events of regulatory history" of the Mediator, proving according to him that the Servier laboratories were not aware of the toxicity and risks of this drug.
Put on the market in 1976 as an adjunct to the treatment of diabetes, but largely diverted as an appetite suppressant, the Mediator was prescribed to approximately five million people during the 33 years of its marketing until its withdrawal in November 2009. It is held responsible for hundreds of deaths.
"Extremely severe" requisitions
On June 23, the prosecution called to punish the "cynical choice" of a firm having privileged "its financial interests" to the health of the consumers of the drug, despite "the risks that it could not ignore" and that it "deliberately" concealed. A total of more than 10 million euros in fines was required against six companies of the group, tried in particular for "aggravated deception", "swindle" and "homicides and involuntary injuries". A fine of 200,000 euros was also requested against the Medicines Safety Agency, judged alongside the laboratories for having delayed suspending the marketing of the Mediator, while first alerts on its dangerousness were issued in 1995 and that of the first cases of serious heart disease were reported in France in 1999.
"These requisitions are extremely severe because they do not take into account the reality of the case and the exchange of information between the Servier laboratories and the health authorities", judge François de Castro. The Medicines Agency has, however, admitted a "share of responsibility" in this "drama", one of the worst French health scandals and does not seek total release. "I consider that the Medicines Agency has not committed any criminal fault", launches the lawyer for the laboratories, proposing to "(be) the defender of the health authority", before tackling their "system of defense which is rather a discard system on "Servier.
The Medicines Agency "knew"
Delivering his "bulk" observations to the court, Me de Castro stressed that the Medicines Agency had "the essential data in hand, at the latest in 1999".
As early as 1995, it had placed the Mediator under pharmacovigilance investigation, due to its chemical relationship with two appetite suppressants from Servier, Isomeride and Ponderal, withdrawn from the market due to their serious undesirable effects.
The Medicines Agency "knew nothing about this medicine, it knew", still supports Servier's lawyer. "I do not want the court to be able to close the proceedings by thinking that the Servier laboratories are in denial. They do not think they are blameless in this case", assures François de Castro. His colleague Hervé Temime was to plead after him. The court will then put its judgment under advisement.