British drug firm to pay millions to Thalidomide victim born without arms and legs in landmark compensation case that could result in thousands of similar claims

  • Lynette Rowe, 50, was born in 1962 at the peak of the birth defect epidemic
  • She today won a multi-million pound payout against UK company Diageo

By
Richard Shears

09:39 EST, 18 July 2012

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13:54 EST, 18 July 2012

A British company has agreed to pay millions of pounds in compensation to an Australian woman who was born without arms and legs after her mother took Thalidomide during her pregnancy.

The landmark case is expected to result in thousands of other victims of the drug around the world winning huge claims against British pharmaceutical company Diageo and German firm Grunenthal.

Lynette Rowe, 50, was born in 1962 at the peak of the birth defect epidemic.

Emotional: Lynette Rowe, who was born without arms and legs in 1962, has tears wiped from her eyes by her mother Wendy at a press conference in Melbourne today

Emotional: Lynette Rowe, who was born without arms and legs in 1962, has tears wiped from her eyes by her mother Wendy at a press conference in Melbourne today. She has won a multi-million pound payout against a British drug firm after her mother took Thalidomide during her pregnancy

Victory: Miss Rowe, her mother and her legal team leave the Supreme Court in Melbourne today

Victory: Miss Rowe, her mother and her legal team leave the Supreme Court in Melbourne today

Her lawyer Peter Gordon today hailed her multi-million pound award as a major victory against Diageo, whose parent company Distillers distributed the drug that was made by Grunenthal.

Grunenthal was not included in the
settlement at the Victorian Supreme Court in Melbourne, but Mr Gordon said she would be leading a class
action against that company also.

He said: ‘Lynny might not have arms or legs but she has struck a blow for other Thalidomiders around the world.’

Mr Gordon told the court that a damages settlement had been reached between Miss Rowe and the British company, but details of the pay-out would remain confidential.

He said: ‘This win will ease her financial plight for the rest of her life, but she is determined to remain as the lead plaintiff to help other thalidomide victims.

‘The sum she will receive reflects the trauma and expense of surviving 50 years with no arms or legs. It is more than adequate to compensate her for the future.

Miss Rowe as a young girl in 1969. A damages settlement had been reached with pharmaceutical firm Diageo, but details of the pay-out remain confidential

Miss Rowe as a young girl in 1969. A damages settlement had been reached with pharmaceutical firm Diageo, but details of the pay-out remain confidential

Half a century ago: Miss Rowe shortly after her birth in 1962 with her older sisters Marilyn (left) and Alison (right)

Half a century ago: Miss Rowe shortly after her birth in 1962 with her sisters Marilyn (left) and Alison (right)

THE 50-YEAR FIGHT FOR DAMAGES

Pregnant women were prescribed the drug in the 1950s and 1960s as a treatment for morning sickness or insomnia.

It was withdrawn from sale in 1961 after babies were born with limb deformities and other damage.

The drug’s UK manufacturer, Distillers Biochemicals, paid around
£28million compensation in the 1970s following a legal battle by the
families of those affected.

In January 2010, the Government finally apologised, expressing its ‘sincere regret and deep sympathy’ to the victims of the thalidomide scandal.

Then Health Minister Mike O’Brien made the formal apology in a statement to MPs.

Mr O’Brien also confirmed a £20million support package, announced the previous month, which would be administered through the Thalidomide Trust to help meet the needs of survivors.

‘She needs constant care 24 hours a day for the rest of her life. Thalidomide was the greatest pharmaceutical disaster in history.’

The timing of the win comes in a
significant week for Miss Rowe, who has just moved into a new house
built for her in Melbourne by an army of volunteer tradesmen, aided by
donations from businessmen and a law firm.

It
is now expected that Thalidomide victims in Britain, North America, New
Zealand and a number of other countries will find encouragement in
their pursuit of damages as a result of their mothers taking the
anti-nausea drug during their pregnancies.

More
than 10,000 children born to mothers who took the drug were born with
varying degrees of deformities, including missing fingers and toes,
while the more serious victims such as Miss Rowe came into the world
with whole limbs missing.

Miss Rowe wept outside the court as her father, Ian, spoke on her behalf.

‘The things she has achieved are absolutely amazing,’ he said. ‘You don’t need arms and legs to change the world.’

Mr Gordon added that everyone who knew Miss Rowe was ‘very proud’ of her and he said her parents, Wendy and Ian, also deserved praise for the care they had shown as she struggled on despite her disability.

Miss Rowe’s mother, who is now in her late 70s, was told after her limbless daughter was born that a virus had caused the deformities.

But Mrs Rowe said she did not hold a grudge against the doctor who gave her Thalidomide for morning sickness in 1961.

‘We blamed the companies that made the drug and sold it without testing it properly,’ she told Melbourne’s Herald Sun newspaper.

Here’s what other readers have said. Why not add your thoughts,
or debate this issue live on our message boards.

The comments below have not been moderated.

As some one who was born suffering from the effects of thalidomide I would like to congratulate Miss Rowe. But there are differing circumstances for the Thalidomiders in the UK. Our parents where bullied into signing an agreement which to all intents and purposes waived all rights to any further legal action against the drug company.( the amounts awarded were pitiful even by the standards of the day I am severly disabled with deformaties to all 4 limbs and was awarded 14000 pounds )

It ONLY took 50 yrs!!!
– godsmack, earth, 18/7/2012 22:22========= but if BIG PHARMA was suing that lady for something it would probably take less than 50 days to ruin her in court with all those slimy barristers and judges, who are freemasonic up to the nine.

No money in the world could compensate having no limbs.
It’s not like she’s going to out and buy a sports car.
Very sad indeed

@@ Jo hova, New Jersey usa………Typical american……if brains were gunpowder you wouldn’t have enough to blow your nose.

They old photo of the three girls is beautiful, bless this woman and her family xx x

It ONLY took 50 yrs!!!

My dad was born in 63 and is thankful to my nan who refused this medication that was more or less forced on her by the GP!

Since when has Diageo started selling drugs, they sell alcohol
– Al, Chicago, 18/7/2012 17:51
You are right

This has been known about almost since the time of her birth. How utterly disgraceful that it has taken 50 years for her to get compensation.

I would venture to guess that she would much rather have her arms.

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