The issue is that the NHIS is entitled to indemnity or not

The NHIS, "Damage caused by reimbursement, can be interpreted as a victim under the Product Liability Act"

Pharmaceutical company "Buyer is a patient other than the NHIS, it is impossible to claim compensation rights under civil law"

A legal dispute has begun between the NHIS and 36 domestic pharmaceutical companies regarding Valsartan's claim for right to indemnity.

 

At the first trial, the issue emerged as an issue whether the NHIS exercises the right to indemnit.

 

The judiciary questioned whether they were eligible to claim from the NHIS, not from patients under the Product Liability Act.

 

On the morning of the 10th, the 21st Division of Civil Affairs of the Seoul Central District Court proceeded to a lawsuit for the existence of a debt filed by 36 pharmaceutical companies, including Daewon Pharmaceutical, against the NHIS.

 

It was the first trial on the right to indemnify Valsartan.

 

Previously, the NHIS requested ₩2.1 billion worth of compensation from 69 pharmaceutical companies related to the Valsartan case in July last year.

 

The reason was that the pharmaceutical company should take responsibility for the health care finances being invested due to Valsartan.

 

Accordingly, 36 companies, including Daewon Pharmaceutical, filed a lawsuit against the NHIS for the existence of debt.

 

The intention was that there was no need to fulfill the right to indemnify the NHIS.

 

It was argued that impurities were detected irresistibly even though pharmaceuticals were manufactured in a legal process not only domestically but also globally, and it was excessive to ask pharmaceutical companies to be liable for compensation as the impurities were recognized with the development of science.

 

In the first trial, the qualifications of the NHIS were the main issue.

 

The judge asked, "If a pharmaceutical company sells medicines, the NHIS buys them directly?" It was a question asking whether the NHIS, not the direct buyer, was entitled to claim the right to indemnify.

 

In response, the NHIS replied, "If a patient receives a diagnosis, prescription and takes medicines, it can be a buyer because it pays money in the form of reimbursement in the end." The plaintiff, Daewon Pharmaceutical, gave the NHIS tit for tat.

 

Daewon Pharmaceutical said, "The defendant is said to be the final and ultimate buyer, but it is impossible under civil law.

 

The NHIS is not entitled to claim." The judge asked again that it was only partially supported by the health insurance system for the patient's purchase of medicines according to the claims of the NHIS, and wasn't that the party?" Then, the NHIS said, “As the patient stopped taking medicines, they began to use generic substitution, and damage occurred to the NHIS accordingly.

 

Under the Product Liability Act, the qualification to claim (reimbursement rights) is not a 'consumer' but a 'victim'.

 

However, how to interpret the victims specified in the Product Liability Act was no longer covered in this trial.

 

In the next trial, a fierce legal dispute between the plaintiff and the defendant is expected over the interpretation of the victim under the Product Liability Act.

 

The next trial is scheduled for 11 AM on November 19th.