Criminal Verdict of "HIV-Tainted Blood scandal" in the 1980s Japan
In the 1980s Japan, about 1,800 people with hemophilia were infected with AIDS and died because of the use of non-heated blood preparations with HIV. Prosecutors subsequently filed a public prosecution for relevant criminal liability. The defendant at that time was an official of the Ministry of Health, Labour and Welfare. As early as the World Health Organization warned countries to discard “non-heated preparations,” the defendant had already proposed that the “heated preparations” should be approved as soon as possible. However, the defendant didn’t recycle the non-heated preparations remaining in various medical institutions, and didn’t instruct to stop selling such preparations. The court considered the danger of such preparations and held the opinion that it was necessary for the country to give clear instructions. Since the Pharmaceutical Affairs Law have given the supervision authority to the Minister of Health, Labour and Welfare, he had the obligation to take necessary measures in pharmaceutical administration. Based on the position of the defendant, it was difficult to say that the defendant has no responsibility for the case.