Sanofi remains firm it will not refund used Dengvaxia vials

This decision led the DOH to file a civil case against the pharmaceutical company after it turned down the government’s request to reimburse the fund used in purchasing the vials and offer an indemnification fund to those who received the vaccine. (Photo: Department of Health (Philippines)/Facebook)

Despite the Department of Health’s (DOH) threat that it would file a civil suit against French pharmaceutical giant Sanofi Pasteur, the drug manufacturer stands firm on its decision to decline a demand from the Philippines to refund the used anti-dengue Dengvaxia vaccines.

“We have not received any formal document in relation to the civil case to be filed by the Department of Health in relation to the company’s response to the second request to refund the government for the used doses of Dengvaxia,” Sanofi said in a statement.

“As mentioned in our reply letter to the DOH, we stand firmly behind our product. Refunding the used doses of Dengvaxia would imply that the vaccine is ineffective, which is not the case. And at this time, there is also no known circumstance requiring indemnification,’ it added.

On February 19, Sanofi said it responded to a request from the Health Department for refund and indemnification fund, however, rejected it for the second time.

The French firm said that refunding the used doses of Dengvaxia would only mean that the vaccine is ineffective, “which is not the case.” It added that there is also “no known circumstance requiring indemnification.”

This decision led the DOH to file a civil case against the pharmaceutical company after it turned down the government’s request to reimburse the fund used in purchasing the vials and offer an indemnification fund to those who received the vaccine.

“I have forwarded the letter to the Legal Department and ordered that a civil suit be instituted against Sanofi Pasteur…. The DOH assures the general public that it will exhaust all legal remedies against Sanofi Pasteur and will bring its misrepresentations to justice,” Health Secretary Francisco Duque III said on February 22.

Asked for the status of the case, Health Undersecretary Enrique Domingo said the Health Department is currently collaborating with the Office of the Solicitor General (OSG).

“Ginagawa pa ng DOH legal service with the help of OSG ang case namin against Sanofi (The DOH legal service is still working on the case against Sanofi with the help of OSG),” Domingo said.

The undersecretary further stressed that there was no communication with the French firm since its February 19 letter was sent.

While declining to pay back the Philippines, Sanofi said that they are willing to sit down with the DOH to find other ways on how to restore public trust on the vaccines and combat dengue in the country.

The government’s immunization program launched by former Health Secretary Janette Garin in April 2016 vaccinated at least 830,000 public school pupils. The program was halted when Sanofi disclosed that Dengvaxia could lead to severe dengue if given to those who had no prior infection.