The Nagoya District Court on Monday ordered an importer of Chinese drugs to pay 33 million yen in damages to two women here who suffered kidney failure after using an herbal medicine marketed by the firm.
The court ordered Kaya, a drug importer based in Suita, Osaka Prefecture, to issue the payment despite dismissing the plaintiffs' damages claim under the product liability law.
The two women, aged 60 and 69, reportedly suffered kidney failure after taking a Chinese herbal medicine called KM, prompting them to demand 81.6 million yen in damages under the liability law, which was implemented in July 1995.
Presiding Judge Junko Ikadazu said in handing down the ruling, "Although there is a possibility that the KM drug caused the failure of kidney functions, the court cannot find a causal relationship between the drug and the kidney failure under the product liability law, as the amount of drug taken by the plaintiffs after the implementation of the law was small."