A landmark settlement could see New Zealanders claim a share of
a multi-million dollar compensation for birth defects caused by the
drug thalidomide.
Lynette Rowe was born without arms and legs but not without
courage and determination.
The Melbourne woman picked a fight with multinational companies
over the global thalidomide tragedy.
Rowe on Wednesday won her battle for compensation after being
born limbless because her mother took the drug to counter morning
sickness more than 50 years ago.
Rowe reached a multi-million dollar settlement, not with the
German drug giant Grunenthal which made thalidomide, but with UK
group Diageo which now owns the company that once distributed the
drug in Australia.
Rowe’s settlement will ensure the 50-year-old is looked after
for the rest of her life.
It also leaves the door open for more than 100 other people in
Australia and New Zealand to make a claim for compensation.
There are 10 Thalidomiders in New Zealand.
Rowe wept as her 79-year-old father Ian spoke to reporters on
her behalf.
“The things she has achieved are absolutely amazing,” he
said.
“You don’t need arms and legs to change the world.”
Her lawyer Peter Gordon also marvelled at her achievement.
“Lynette Rowe, an armless and legless woman from Nunawading in
suburban Melbourne, Victoria, has struck a blow for thalidomiders
all over the world,” he said.
“Today is Lynette Rowe’s day. Reflect for a moment on the
courage that it has taken for a woman in Lynette’s position to take
on some of the biggest companies in the world in a case where
Grunenthal threw everything but the kitchen sink at her.
“We are really proud of Lynette. We are really proud of her
parents Wendy and Ian.”
Her parents have fed, washed and dressed her every day.
The settlement will give Rowe some independence, her father
said.
Thalidomide was distributed in Australia and New Zealand around
1960 and 1961 by Distillers, which became part of Diageo in
1997.
Diageo director Ian Wright said the company was pleased the
settlement provided a resolution for Ms Rowe and her family.
“It obviously offers a mechanism by which the other claims can
be resolved,” he said.
Wright said he was unsure how many more claims there would
be.
Despite her case being resolved Rowe will remain lead plaintiff
in a class action.
If the other claims are not resolved a trial involving both
Diageo and Grunenthal could take place next year.
The drug company has vowed to fight any legal proceedings.
“Grunenthal maintains that its actions were consistent with the
state of scientific knowledge and the prevailing standards for
pre-marketing and testing of the pharmaceutical industry in the
1950s,” the company said in a statement after the settlement was
announced to the Victorian Supreme Court.
“Grunenthal will continue to fully defend any litigation brought
against it.”
The drug company said it believed it acted responsibly in the
development of thalidomide and “greatly regrets the consequences of
the thalidomide tragedy”.
Grunenthal said the settlement of Rowe’s claim with Diageo was a
matter for those parties and did not involve any contribution from
Grunenthal.
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