Chris Ketter (Queensland, Australian Labor Party) Share this | Link to this | Hansard source

I was born in the year 1961. If I may be so immodest, my parents were blessed with a healthy baby boy, but across our country and around the world, at the same time, there were many people who were nowhere near as fortunate as me. I rise today to talk about the scourge of thalidomide and to draw attention to the tragic predicament of a small number of thalidomide survivors in Australia.

Thalidomide was introduced to the Australian market in 1957 and prescribed to pregnant women suffering from morning sickness. Thalidomide was invented by a German cosmetics manufacturer that had expanded into pharmaceuticals. The drug was marketed as a sedative for pregnant women and an effective treatment for sleeplessness and nausea. The drug was claimed to be safe and non-toxic. However, its effect on unborn babies was, as we know, devastating. It caused birth defects and dreadful abnormalities.

The most common physical deformities in infants included structural abnormalities of the arms and legs, short or absent limbs, holes in the heart, blocked intestines and/or an absence or duplication of other internal organs. Malformations of the ears were also common, as were a range of eye abnormalities. The drug continues to affect survivors to this day. It was readily available without prescription and, tragically, was often accessed over the counter. It was withdrawn from sale, as many of us know, after Australian obstetrician Dr William McBride, in 1961, and German paediatrician Dr Widukind Lenz linked thalidomide with birth deformities. Determining the precise number of those affected is difficult to estimate but a figure of 10,000 or so victims is widely accepted.

Thalidomide victims have been fighting for justice over the past 50 years. Criminal action against the German manufacturer was not successful. The company continues to deny liability and refuses to compensate Australian victims. The morning-sickness drug was distributed by the Distillers Company Biochemicals (Australia) Pty Limited to Australians from 1958 to 1968. British company Diageo later acquired Distillers Company in 1997.

Two recent class actions have been brought by thalidomide survivors in Australia and New Zealand against the German company and Diageo. In 2010 a settlement was reached between Diageo and 45 thalidomide victims in Australia and New Zealand, which is reported to involve an annual payment of $3 million to be shared amongst the survivors for the duration of their lives. That class action was led by Ken Youdale, the father of a thalidomide victim, and was conducted by Gordon lawyers.

All of those compensated had previously received compensation in 1974 and the settlement of such payments was considered full and final settlements. The 2010 compensation by Diageo with therefore paid on an ex gratia basis, without recognising any liability, recognising the continuing support needs of many survivors. A second class action was brought in 2011, in the Victorian Supreme Court, against Diageo and the German manufacturer. It was led by thalidomide victim Lynette Rowe and was conducted, jointly, by Gordon lawyers and Slater & Gordon. The action included more than 100 people, born between 1 January 1958 and 31 December 1970, who had suffered since birth from a congenital malformation, whose mothers had consumed thalidomide whilst pregnant with them and who had not previously received compensation.

In 2013 the majority of thalidomide survivors in Australia and New Zealand reached an $89 million settlement with Diageo, the British multinational owner of the company that distributed thalidomide in Australia. I am honoured to have a constituent of mine, from my home state of Queensland, Trish Jackson, a thalidomide survivor, in the gallery today. I was introduced to Trish through the office of Mark Ryan, the new Labor member for the state seat of Morayfield.

Trish was part of the 2010 settlement, which was not considered as generous as the 2013 settlement. We should endeavour never to forget the ordeal experienced by victims of the thalidomide drug. Trish's story is remarkable. Trish is a courageous and determined woman. She is inspirational in her bravery. Survivors of thalidomide do not just cope with missing limbs but with internal damage as well as nerve-ending damage. Trish is in constant pain—24/7—and new symptoms regularly arise. Thalidomide survivors often say that thalidomide is the drug that keeps on giving. Trish told me that her parents never received an apology from the Australian government or financial assistance to help raise her and provide the constant care she requires. Trish informs me that she is unable to afford the medical treatment required or to renovate her bathroom and home in order to cater for her ailments. Trish also tells me that thalidomide survivors often deteriorate incredibly quickly; this is why it is essential that we ensure victims receive good care.

Management of those affected by thalidomide primarily involves treating the symptoms and managing the disabilities. Deaf individuals may require hearing aids or will need to learn sign language. Severe limb abnormalities may require the use of a wheelchair or other devices to assist in mobility. Specialised medical treatment such as heart surgery may be necessary in certain situations. Long-term community and/or family care is often required to assist with daily tasks. I know that there but for the grace of God, go I. I would like to thank Trish and her husband for being here today.