By Beth Duff-Brown,
Associated Press Writer
TORONTO (AP)—Hemophiliacs who
received blood contaminated with the
HIV virus and relatives of those too ill to
come to court—or who have already
died—were relieved Tuesday when the
trial over Canada’s worst public health
scandal finally got under way.
After weeks of delay, and initial fears
that some charges could be thrown out,
federal prosecutors proceeded with
opening arguments in the trial against
three Canadian health officials, a New
Jersey pharmaceutical company and one
of its senior American executives.
The Ontario Superior Court was
packed with victims and family members
of those who received the tainted blood
products from New Jersey-based Armour
Pharmaceutical Co. One HIV-positive
woman sat with her husband and two
daughters, a toilet paper roll at her side
as she repeatedly dabbed at her eyes and
glared at the defendants.
"I think the victims want to see justice
done,” said James Kreppner, a hemophiliac
who received tainted blood in the
1980s and is now gravely ill with HIV and
hepatitis C.
"They have lost a lot of people over
the years, but they obviously haven’t forgotten,
so I’m pleased to see them here
today,” said Kreppner, who tested positive
with HIV shortly after he graduated from
law school.
More than 1,000 Canadians became
infected with HIV and up to 20,000 others
contracted hepatitis C after receiving
blood transfusions and tainted products
from Armour in the 1980s and early
1990s. At least 3,000 people have died
and others remain terminally ill.
After a five year investigation by the
Royal Canadian Mounted Police, the
charges filed in November 2002 claimed
that the accused failed to properly screen
blood donors or their blood, then failed
to warn the public and Canadian government
that there were risks associated
with their blood product, Factorate.
The defendants are Dr. Roger Perrault,
the former medical director for the Canadian
Red Cross; Drs. Donald Wark Boucher
and John Furesz, former officials at the
federal agency Health Canada; and Dr.
Michael Rodell, a former vice president
of Armour Pharmaceuticals, based in
Bridgewater, New Jersey.
Each physician waived his right to a
jury trial and pleaded not-guilty to five
counts of criminal negligence and failure
to prevent the distribution of Factorate.
They face up to 10 years in prison if convicted
by Superior Court Justice Mary Lou
Benotto.
The company faces an additional
charge of failing to notify Canadian
authorities that it continued to market its
blood-clotting products for two years
after being told in 1985 that the heating
process with which the product was
treated would not kill the HIV virus.
The trial is expected to last a year.
Ontario prosecutor Michael Bernstein
said he intends to introduce the histories
of 70 victims and call 46 witnesses to the
stand.
Bernstein identified the victims by
their initials only and briefly outlined the
trauma that several of them suffered
before dying, after infusions of the
Armour product.
D.H., for example, was a middleaged
Vancouver accountant. A hemophiliac,
D.H. received a blood transfusion in
1987 and several months later became
HIV positive. After losing a third of his
body weight and suffering numerous illnesses,
he died in 1996.
“He worried about how his wife—
who was his high school date for the
prom—would manage after he was
gone,” Bernstein said.
Ann-Marie Fry, 23, attended the
opening arguments on behalf of her
mother, Sue Fry, who contracted HIV
after a blood transfusion from the Canadian
Red Cross during surgery.
“We have a right to know how this
could happen, so that it won't happen
again,” said Fry, who was in third grade
when her mother learned she was HIVpositive.
Having grown up around the
disease, she now counsels fellow college
students to practice safe sex and volunteers
as a counselor at summer camps
for HIV-positive children.
“The more information that gets out
there, the better,” said Fry, choking back
tears as she talked about a 6-year-old girl
she befriended at camp. “I heard she just
died.”
Source: AP - AP Wire Service
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