Navajo
continued from page 1
Pueblo are seeking retribution
against the pharmaceutical giant in
the case. The plaintiffs say they sus
tained injuries from the prescrip
tion drug Rezulin, which is pro
duced by Pfizer Inc.
Rezulin was used to treat people suf
fering from Type II diabetes. The drug
was withdrawn from the market in
March 2000 after it was linked with liv
er damage and liver failure in some
people who had taken the medication.
The case came to the court after it
was dismissed from a tribal district court
on a question concerning jurisdiction.
Because the case involves off-reser
r
vation companies, lawyers represent
ing Pfizer at the Supreme Court hear
ing argued that it did not fall within trib
al jurisdiction. According to Pfizer
lawyers, there was not a specific rela
tionship between the Navajo Nation
and the drug company.
“We believe the appellants have
confused subject matter and personal
jurisdiction,” Attorney Andrew
Federhar said. “There is no case in
the United States of America where a
nonmember of a native American
tribe has been subjected to the juris
diction of a tribal court for their off
reservation activities.”
Federhar said Pfizer never distrib
uted or marketed Rezulin on Navajo
land, and therefore the company
could not be held responsible for the
people’s use of the drug.
Randolph Bamhouse, the attorney
for the plaintiffs, told the court Pfizer
had withheld information about the
risks of Rezulin after it was distributed
to the public. According to Bamhouse,
Pfizer had made direct efforts to pro
mote Rezulin on tribal land and there
fore should be held accountable for the
health problems of the tribal members.
The case was heard by Acting Chief
Justice Lorene Ferguson, Associate
Justice Marcella King-Ben and Associ
ate Justice by designation Leroy
Bedonie. A decision on the case will be
announced at a later date.
Contact the reporter
at aimeerudin@dailyemerald.com.
GregWahl-Stephens Photo pool
Navajo Supreme Court Chief Justice Robert Yazzie gives opening remarks at the
Navajo Supreme Court proceeding Thursday evening.
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