Disputation about Period of Peremption in National Compensation Class Action Suit for Hepatitis B Infection in Japan
The plaintiff was one of the victims of the hepatitis B infection in national compensation class action suit. When coordinating with the government about conciliation, Japanese government considered that the degree of cirrhosis was only mild, and since the onset of illness till the suit has more than 20 years, which means been over the period of peremtion. However, the plaintiff claimed that the degree of cirrhosis should be classified as severe, and even though the degree of cirrhosis was only mild, the period of peremtion should begin after the spleen removal surgery. The court finally recognized that, since the plaintiff was diagnosed with cirrhosis and had a complication with hepatic encephalopathy, which forced he had to undergo a spleen removal surgery, the damage caused by the progress of the disease during this period should legally be regarded as the same damage, so the period of peremption has been exceeded in this case.