Hepatitis B suit legal counsel nationwide

Toward Establishment of Permanent Measures to Receive Medical Care for Peace of Mind

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The outcome we have obtained

The basic agreement and Law on Special Measures for Hepatitis B

We concluded a basic agreement with the government on June 23rd, 2011.
"Law on Special Measures for Hepatitis B" (Law on Special Measures) is also a law established based on this basic agreement.
This basic agreement can be said to be the fruition of campaigns and appeals made by hepatitis B suit legal counsel, plaintiff corps nationwide (our plaintiff corps and lawyer) and those who supported the activities.

Under this basic agreement,

  • 1. The acknowledgement of responsibility and officially apology by the government
  • 2. Certification requirements to be settled and composition of the persons who can compromise
    -> For details, see "contents of the basic agreement that was agreed with the plaintiff corps, legal counsel nationwide and the government"
  • 3. The government endeavors to promote awareness and publicity so that patients can live with peace of mind without being subject to unfair prejudice and discrimination, further promotes hepatitis virus test, improves the system for providing hepatitis medicine, promotes research on hepatitis medicine and takes necessary measures such as medical expenses subsidies (permanent measures)
    -> For details, see "Future Target (Work for Permanent Measures)"
  • 4. The government shall conduct the investigations and inspections of the truth of infections hepatitis B virus caused by continuous use of the syringe by third party institutions and continuous efforts to prevent recurrence (Investigation of the truth · Recurrence prevention)
    -> For details, see "Future Targets (Activity for investigation of the truth · recurrence prevention)"
  • 5. The government shall establish a forum for discussion and coordination with our lawyer and plaintiff corps so that the opinions of the plaintiffs can be properly offered to the Hepatitis Countermeasures Council etc. (Minister consultation etc.) in considering the measures of 3. above
    -> For details, go to "Future Target (Permanent Measures Activity)"
Has been stated and promised with the government.

The contents of the basic agreement concluded between the government and plaintiff corps and legal counsel nationwide.

Certification Criteria for Settlement

The summary of the criteria (certification requirements) of those who can file a lawsuit is as follows.

  • 1. Being born after July 2, 1941
    (It was less than seven years old after the effective immunization law on July 1, 1947)
  • 2. It is a person who is persistently infected with hepatitis B virus
    (Carrier, Chronic hepatitis, Liver cancer, Death of Hepatitis B virus)
  • 3.It took group vaccination by the age of 7 years (this fact shall be proved by evidences such as a maternal and child health handbook, body marks of vaccination and so on.)
  • 4. It is not a person who was infected from mothers (mothers are not carriers) or it IS a person who was infected from mothers who was victims by collective vaccinations = "secondary infected victims"
  • 5. There is no cause of infection other than collective vaccination
The contents of settlement
Classification of disease condition Settlement fee
1. Death, liver cancer, cirrhosis of the liver (severe) 36 million JPY
2. cirrhosis of the liver (mild) 25 million JPY
3. chronic hepatitis (excluding 4. or 5.) 12.5 million JPY
4. Chronic hepatitis (of persons who are deemed to have spent over 20 years after the onset of chronic hepatitis, those who are currently receiving treatment) 3 million JPY
5. Chronic hepatitis (of persons who are deemed to have spent over 20 years after the onset of chronic hepatitis excluding 4.) 1.5 million JPY
6. Asymptomatic career (excluding 7.) 6 million JPY
7. Asymptomatic career (of persons who have spent 20 years until filing lawsuit) 0.5 million JPY*

* In addition to the settlement fee, the government for the asymptomatic carrier of 7. shall pay costs of future examination (blood tests and image inspection up to four times per a year and CT / MRI up to twice per a year), 15 thousand JPY allowance for each examination up to twice per a year and vaccine expenses to prevent infections for family members of the victims.

Significance of the establishment of this basic agreement

1. Significance of the Establishment of "Judicial Relief System" for a Huge Quantity of Victims

Even in the government's estimate, the victims caused by continuous use of the syringe at the massive vaccination are said to be around 400 thousand people nationwide.
Many of these victims are suffering from their disease while being troubled by illness, future anxiety, job loss, family life, being subjected to prejudice / discrimination even now.
By concluding this basic agreement and the establishment of the Law on Special Measures for Hepatitis B which was caused by this agreement, each victim can receive the benefit of the amount corresponding to the disease condition individually by suing the government and making settlement with it.
In addition, unlike other lawyers in other law firms, our lawyers and plaintiff corps are discussing and resolving continuously based on the position of concluding the basic agreement with the government about some parts that are not necessarily clear from the description on the basic agreement and the Law on Special Measures for Hepatitis B under the Special Measures Law. Then, we have a place to do this.
Our plaintiff corps and lawyers are negotiating so that we can expand the extent of salvation of each victim even through this place, which is called "Working Group Consultation".

2. Significance for all patients with viral hepatitis

Under the basic agreement, the government strives to raise awareness and publicity so that patients can live with peace of mind without being subjected to unfair prejudice / discrimination. In addition, it promised to make efforts to take necessary measures such as further promotion of hepatitis virus testing, development of a system for providing hepatitis medicine, promotion of research relating to hepatitis medicine and subsidization of medical expenses (Permanent Measures).
In considering these measures, the government promised to set up a place to discuss and coordinate with our plaintiff corps and lawyers so that the opinions of plaintiffs are properly reflected.
-> For details, see "Future Target (Permanent Measures Activity)"

3. Significance of investigating the truth and the prevention of recurrence of the infection caused by hepatitis B virus

In the basic agreement, the government promised to conduct the truth investigation and verification of the infection damage to hepatitis B virus by continuous use of syringes at the time of massive vaccination at the third-party organization and to do its best for implementing recurrence prevention measures.
In considering these verifications and measures, the government promised to set up a forum for continuous consultation with our plaintiff corps and lawyers.
-> For details, see "Future Targets (Activity for Truth Inspection and Prevention of Recurrence)"

Future tasks and movement

  • 1. Individual settlement procedure for relief of all victims
  • 2. Extensive activities for relief of all victims through public dissemination, consultation and lawsuit of the Judicial Relief System for victims who have not brought a case before a court yet.
  • 3. Activities of permanent measures for all patients with viral hepatitis (consultation with the government and activities supporting this)
  • 4. Activities to clarify the truth of this case (consultation with the government and activities to support this)
  • 5. Establishment Plaintiff Corps and Supporting Group for it to do all activities above mentioned

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