23-8-2024 (JAKARTA) An Indonesian court has mandated two local companies to compensate families affected by a tragic incident involving toxic cough syrup that claimed the lives of over 200 children and left approximately 120 others with severe injuries or disabilities.
The Central Jakarta court found pharmaceutical manufacturer Afi Farma and supplier CV Samudera Chemical culpable in the poisonings that shook the nation. The court ordered the companies to pay up to 60 million rupiah to each family whose children suffered serious injuries, and 50 million rupiah to those who lost their children to acute kidney injuries caused by the contaminated medication.
This ruling comes as a partial victory for the more than 20 families who initiated a civil suit in late 2022 against various entities, including the country’s food and drugs agency (BPOM) and the health ministry. While the court absolved the government bodies of wrongdoing, it placed the onus squarely on the private sector players involved in the production and distribution of the tainted syrup.
The compensation, though far less than the 3.4 billion rupiah sought by parents for each deceased child and 2.2 billion rupiah for survivors, represents a significant step towards accountability in a country where the average annual income hovers around $5,000.
The tragedy has cast a harsh spotlight on Indonesia’s pharmaceutical industry and regulatory framework. Previous court hearings highlighted lax oversight by local drugmakers, suppliers, and the BPOM as contributing factors to the poisonings.
At the heart of the scandal lies the presence of ethylene glycol (EG), a chemical commonly used in products like antifreeze and brake fluid. Court documents from a related criminal case revealed that the concentration of EG in the syrups reached a staggering 99 per cent, far exceeding the internationally accepted safe limit of 0.1 per cent for consumption.
Afi Farma, which was found guilty of negligence in a separate criminal trial last year, expressed disappointment with the civil case ruling. The company’s lawyer, Reza Wendra Prayogo, stated that they are considering their next legal move. Despite court findings, Afi Farma has consistently denied negligence.
The involvement of CV Samudera Chemical, an Indonesian soapmaker whose toxic ingredient allegedly made its way into Afi Farma’s products, underscores the complex supply chain issues at play in this tragedy.
This case has not only devastated families across Indonesia but has also drawn international attention. The World Health Organization reported similar incidents in Gambia and Uzbekistan in 2022, highlighting a global concern over pharmaceutical safety and regulation.