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Abdullahi v. P zer, Inc.

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Abdullahi v. P zer, Inc., 562 F.3d 163 (2d Cir. 2009)
(https://www.bloomberglaw.com/product/blaw/document/X1AG9AU003)

(https://www.bloom

Brief Fact Summary.

P zer misrepresented the effectiveness of an experimental drug, Trovan, by providing smaller


doses of an effective drug, Ceftriaxone, to patients in northern Nigeria infected with bacterial
meningitis. The families of children who died or left seriously impaired as a result of the
misrepresentation sued P zer under the Alien Tort Statute, claiming that P zer violated
international law.

Synopsis of Rule of Law.

A foreign citizen can sue in the United States for torts committed outside of the United States.

Facts.

P zer, a pharmaceutical company, conducted drug trials for an


experimental antibiotic called Trovan in northern Nigeria in 1996
during an outbreak of bacterial meningitis. P zer gave one-
hundred children at the local hospital Trovan and gave another
one-hundred children Ceftriaxone, the established antiobiotic to
treat bacterial meningitis, at lower doses to allude to the
success of Trovan. P zer did not receive consent from the patients or their parents to take the
experimental drug, inform the patients or their parents of the experimental nature of the study,
or that the effective drug to treat bacterial meningitis was being administered in the same
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hospital. Eleven of the children who took Trovan and the reduced doses of Ceftriaxone died and
several other children were left with permanent impairments. The children and their families
(plaintiffs) sued P zer (Defendant) under the Alien Tort Statute, claiming that P zer’s actions
violated international law. The district court dismissed the action for lack of subject matter
jurisdiction, and the plaintiffs appealed.

Issue.

Whether a foreign citizen can sue in United States Federal Court for torts committed outside of
the United States.

Held.

Yes. Reversed and remanded.

Discussion.

The Alien Tort Statute allows foreign citizens to sue in the United States for any tort committed
that violates the law of nations or United States treaties.

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