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Unseen, it already ranks as one of the most legally controversial television dramas made in Germany.
Next week, after more than a year in the courts, the state broadcasting network will show a powerful film depicting the devastating effects of the thalidomide drug on several thousand disabled children – and point a finger at the pharmaceutical industry.
“It’s a breakthrough for the freedom of expression in this country,” says Michael Souvignier, the producer of the film A Single Pill.
The original maker of the drug, known in Germany as Contergan, is the Aachen-based company Grünenthal, which has been fighting tooth and nail to prevent the film being aired. It claimed that the film falsely showed the company behaving immorally in trying to wriggle out of its responsibilities to inform the public and compensate the victims.
“The viewing public will be confused by invented and twisted facts in order to boost the ratings,” complained Sebastian Wirtz, the chief executive of Gruenenthal and grandson of the founder, in a court hearing.
Now some scenes that featured in the screenplay have been removed or shortened, and judges – the case went as far as the German Supreme Court – have given the go-ahead for a prime-time showing on two evenings next week. There will be a disclaimer insisting that the film is a work of art rather than a documentary account of the Contergan scandal.
A Single Pill mixes fiction with fact and tells the story of a lawyer whose child is born disabled after his wife takes one Contergan tablet during her pregnancy.
Contergan-thalidomide was a sleeping pill seemingly without side-effects that was also prescribed by doctors as an effective way of fighting morning sickness. Grünenthal marketed it as “harmless as a sugar cube”. In 1960 alone 20 million tablets were sold.
Between 1957 and 1961 – when the pills were withdrawn – about 12,000 disabled children were born world-wide as the result of pregnant mothers swallowing the medication. Many children were missing arms and legs, or had flipper-like limbs; some were deaf; most had spinal damage or kidney problems.
Now the surviving children of the thalidomide or Contergan generation have reached late middle age and are often suffering from new medical problems; the initial compensation payments wrung out of the manufacturers are no longer sufficient. That seems to explain the extraordinary tenacity with which Gruenenthal has been trying to block the film: it is likely to stir popular backing for a more generous handout.
Grünenthal, after hard negotiation, set aside 100 million marks (£34 million), which was topped up by the same amount from the Government. It was hailed as the biggest such payment in history.
In Britain, Distillers Co which distributed the drug was pressed to offer £20 million for the 456 afflicted children (thalidomiders). The Thalidomide Trust administers the fund, which provides up to £30,000 a year for the worst-hit thalidomiders.
In Germany the compensation – for about 2,800 victims – is more meagre, amounting to a maximum of €545 a month for those born without legs or arms. “We want a substantially better offer,” says Andreas Meyer, the chairman of the League of Contergan victims. The victims talk of a target of €5 billion – enough to see the victims through into old age. Few were expected to survive beyond the age of 20 when they were born.
There was little official support or sympathy for the families. One scene in the film shows a doctor telling the parents of the disabled child: “You can easily give away things like this to special homes.”
Accounts now emerging from those years paint an even more hostile picture: the newly born were placed on the floor of the delivery ward on the assumption that they would die.
“It’s something my family is very sorry about,” said Mr Wirtz in an interview this month to mark the 50th anniversary of the introduction of Contergan on the German market. “The things I reflect on are how, to whom, when, with what consequences and in what way to make an apology.”
His company no longer makes thalidomide but the drug is still in use in the fight against leprosy.
Drug victims
— Thalidomide went on sale as a treatment for morning sickness in 1958 in more than 40 countries
— In Britain the most commonly prescribed drug containing thalidomide was Distaval, manufactured by the Distillers Company, now owned by Diageo
— Foetuses are vulnerable to the drug’s effects between 27 and 40 days after conception
— The drug caused deformities in up to 12,000 infants. Of these, 5,000 survived beyond childhood
— The drug was taken off the market in Britain in December 1961, though a government warning was not issued until May 1962
— There are 456 thalidomide victims left in Britain
— The first private compensation settlements were made in 1968
— Five years later – after a campaign by David Mason, the father of a victim, and The Sunday Times – the Thalidomide Trust was set up, providing a fund of £20 million for victims
— The average annual compensation paid to a victim is £13,000
Sources: britannica.com; thalidomidesociety.co.uk; thalidomideuk.com; thalidomide.org.uk
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My freind was given this drug for a skin disorder but has now left her nerve damage and svere spinal and leg pain she is now consulting a lawyer is there any other people that have ended up with these symptoms after receiving the drug?
thomas , glasgow, uk
I am a thalidomide victim. My annual compensation does not cover what I would have been able to earn, if I was able bodied. Up to about 4 years ago approx. we were paying 40% tax on our yearly grant. I do not think that what we received appropriate compensation considering itâs on going effects it has had on my parents and also my own son and daughters lifes as well. If it wasn't for the British tax payers subsidising by way of income support or different benefits, my life would have been a lot harder, as my wife has never been able to work in the last 30 years of marriage as she is my unpaid career. On the loss of her wages, that taken into account the grant does not cover no where near the loss of my wifeâs income (let alone mine).
Brian, Suffolk
Brian Huckstepp, Woodbridge, Suffolk
I too am a person affected by Thalidomide.
I was one of many, when born, put into care, or institution as it was in those days.
I remember being told as a teenager that i wouldnt live past the age of 21, what a thing to live with, i'm a parent myself so i can now understand how much stress i was under.
I think that its now time for Grünenthal, to accept responsability for producing Thalidomide and that it did effect peoples lives and still does today.
Maggie Boyd, Knaresborough, UK
My Parents campained for 18yrs and was bullied in to accepting the first offer of compensation.Sadly both my parents have died but if it was'nt for their determanation,love and support,I would not have the confidence I have to day to live with Thalidomide.
Sandra Cole, Kent, England
all i can say is that i would in my personal view like a public enquiry into how a medical blunder could have happened why it was used when it was already published in medical journals as being an unsafe drug to use !!!!
jo bloggs , newark, usa
I am a thalidomide affected person, and the fact is that the thalidomide '"case" continues to affect society.
I express case using inverted commas as it is the fact that this debacle never made it to court that causes ongoing problems. This is because no legal precedent has been set, as would have been the case had the matter been taken to court.
Parents campaigning for compensation for their disabled children were bullied into withdrawing their legal claim by Distillers, the defendants, who threatened to withdraw their compensation offer. I sat up with my parents until midnight on deadline-day when they reluctantly signed their acceptance of the derisory offer.
One benefit of signing was a swift settlement - many of us were not expected to survive into middle age, a lengthy trial being less than helpful.
I hope that this case is yet heard in court; that those suffering, many deperately poor, and those yet to suffer are helped; and that drug companies have no hiding place.
Karl Davies, LONDON, UK