Thalidomide case reaches settlement

18 Jul 2012, 7:03 pm   -   Source: AAP

A Melbourne woman has settled her landmark thalidomide case against the drug's distributor Diageo.

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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.

Ms 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.

Ms 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.

Ms 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.

Ms 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 Ms 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.

Mr Wright said he was unsure how many more claims there would be.

Despite her case being resolved Ms 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 Ms Rowe's claim with Diageo was a matter for those parties and did not involve any contribution from Grunenthal.

Thalidomide

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