Important note: Information in this article was accurate in 2003. The state of the art may have changed since the publication date.
Important note: Information in this article was accurate in 2003. The state of the art may have changed since the publication date.
Reuters NewMedia - Thursday November 13, 2003
Wambui Chege
But the AIDS Healthcare Foundation (AHF), which said it hoped to file the suit against the subsidiary of Europe's biggest drugmaker soon, said it would drop the lawsuit threat if GSK created a one billion rand ($150 million) fund for free AIDS drug treatment in South Africa.
South Africa has the highest number of people living with HIV /AIDS in the world, an estimated 5.3 million people, equivalent to about 12 percent of the country's 45 million population.
"This joint action lawsuit against GSK will seek the awarding of damages by the courts to patients or dependants who lost breadwinners to AIDS, who because of excessive pricing by GSK, were not able to access treatment," an AHF statement said.
The move follows an investigation by South Africa's Competition Commission which found GSK and Germany's unlisted Boehringer Ingelheim had violated the country's 1998 Competition Act by refusing to license their patents to generic manufacturers in return for a reasonable royalty.
The Commission recommended a penalty of 10 percent of annual sales of the firm's anti-retroviral drugs in South Africa for each year they were found to have violated the Competition Act.
The October ruling, hailed by activists, was issued as GSK announced a further price cut for its Combivir AIDS treatment in poor countries to 65 U.S. cents a day from 90 cents.
Vicki Ehrich, spokeswoman for GSK South Africa, told Reuters the suit was based on incorrect information, and they were in talks with the Treatment Action Campaign, a leading AIDS lobby group which led the complaint with the competition watchdog.
"We have until November 28 to reach a settlement. Hopefully that will be concluded soon," said Ehrich.
Michael Weinstein, president of the AHF, said that was not good enough and on Wednesday called a news conference asking AIDS sufferers and family members who had lost relatives to the disease to join the proposed lawsuit.
AHF will file the suit jointly with AIDS Therapeutic Treatment Now, South Africa. Both are partners in a free AIDS treatment clinic in KwaZulu-Natal province.
"The weight of many of these deaths and the ongoing pain and suffering of those who cannot access medications falls squarely on GSK," AHF said.
031113
RE031114
Copyright © 2003 - Reuters, Ltd. All rights reserved. Republication or redistribution of Reuters content is expressly prohibited without the prior written consent of Reuters. Reuters shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon. Contact Reuters.
AEGiS is a 501(c)3, not-for-profit, tax-exempt, educational corporation. AEGiS is made possible through unrestricted funding from Broadway Cares/Equity Fights AIDS, Elton John AIDS Foundation, the National Library of Medicine, Pacific Life Foundation and donations from users like you.
Always watch for outdated information. This article first appeared in 2003. This material is designed to support, not replace, the relationship that exists between you and your doctor.
AEGiS presents published material, reprinted with permission and neither endorses nor opposes any material. All information contained on this website, including information relating to health conditions, products, and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals. Always discuss treatment options with a doctor who specializes in treating HIV.
Copyright ©1980, 2003. AEGiS. All materials appearing on AEGiS are protected by copyright as a collective work or compilation under U.S. copyright and other laws and are the property of AEGiS, or the party credited as the provider of the content. .