AIDS victim keeps court fight going

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AIDS victim keeps court fight goingThe Yomiuri Shimbun

The last plaintiff in a series of lawsuits in Tokyo over infections caused by HIV-contaminated blood products made a desperate plea to the Tokyo District Court on Thursday morning.

Yoshinori Yamamoto brought his case before the court seeking settlement from the government and a drug company, but the case has lasted more than two years because his hospital has denied that Yamamoto was treated with an unheated blood product.

Yamamoto, 31, who has lived in a Tokyo hospital since 1996, also is infected with hepatitis C, and is deteriorating in health. "I can't die without knowing how I got infected. I strongly hope the government and the drug company will uncover the truth," he told the court.

In 1992, at the age of 16, Yamamoto learned through an examination at the National Cancer Center Hospital (NCCH) in Chuo Ward, Tokyo, that he had been infected with HIV and hepatitis C. However, he never learned how he became infected.

The only surgery he had was an autologous bone marrow transplant at the hospital when he was 10. In addition, the hepatitis C virus Yamamoto was infected with had similar characteristics to other documented hepatitis C infections caused by unheated blood products.

Yamamoto felt sure he was given unheated blood product during the bone marrow surgery and was infected with the diseases. However, the hospital refused to issue him proof such a blood transfusion was given, saying no document exists that shows he was given the unheated blood product.

Plaintiffs in class-action lawsuits at the Tokyo and Osaka district courts over HIV-contaminated blood products reached settlements in 1996, with the government and the drug company paying each plaintiff 45 million yen.

The government and the drug company also have paid the same amount to other victims after they received proof from hospitals. About 1,400 victims have reached settlements.

Yamamoto brought his case before the court in October 2005, but no settlement was reached because of a lack of proof that he received a blood transfusion. He is the only plaintiff regarding the tainted blood products with a case still pending at the Tokyo District Court.

During the trial, Yamamoto's liver function has deteriorated as his hepatitis C has progressed. A tumor was found on his brain and he had to have an operation to have the tumor removed.

(Nov. 30, 2007)

http://www.yomiuri.co.jp/dy/national/20071130TDY04305.htm