SAPPORO (Kyodo) the Sapporo District Court urged the government Tuesday to pay ¥500,000 in settlement to each asymptomatic hepatitis B virus carrier as it issued the first judicial view in a series of lawsuits filed nationwide by patients and carriers believed infected during group vaccinations.

While presenting its view on the most controversial point of whether to cover asymptomatic carriers in the settlement package, the court also called on the state to pay from ¥12.5 million to ¥36 million to those who have developed hepatitis B, depending on their condition, their lawyers said.

The government has denied carriers who do not show symptoms of the disease the right to claim compensation on grounds that the right’s statutory life of 20 years has passed, and instead proposed offering subsidies for their medical checkups.

Against this backdrop, what judicial judgment the district court would make on the carriers had been the main focus of the settlement negotiations between the state and five plaintiffs from Hokkaido that began last may prior to other courts with similar suits by victims of the vaccinations in which needles were believed repeatedly used.

The court-proposed settlement amounts for patients were also larger than the government’s earlier offer to pay ¥5 million to ¥25 million each, but are short of demands by the plaintiffs for up to ¥40 million.

Aside from settlement and subsidies for checkups, the court urged the state to pay them up to ¥30,000 a year each as transportation and other expenses necessary for undergoing health checks.

In reference to the court view, the lawyers said in a statement it deserves “a certain degree of recognition.”

Hepatitis B can be transmitted through blood and weakens the liver. Roughly 10 to 15 percent of carriers are believed to develop serious symptoms such as chronic liver inflammation, cirrhosis or liver cancer.

According to estimates by the Health, Labor and Welfare Ministry, a total of 1.1 million to 1.4 million people carry hepatitis B and 90 percent of them remain asymptomatic, including up to 440,000 carriers infected by vaccinations and possbily subject to redress.

Hepatitis B sufferers and the government are holding talks at Sapporo District Court on a lawsuit filed by hepatitis B patients who accuse the government of failing to take steps to eliminate the risk of hepatitis B virus infection from needle-sharing during mass vaccination programs before 1989.

In October, the government offered to pay ¥5 million, ¥10 million or ¥25 million to hepatitis B victims in compensation depending on the degree of suffering. The compensation would also have covered hepatitis B victims who have not joined lawsuits filed by 420 sufferers at 10 district courts. The government estimated that it would have to spend up to ¥2 trillion over 30 years.

The plaintiffs, however, declined the government’s offer because the amount offered was lower than the ¥12 million to ¥40 million offered to hepatitis C sufferers. And the proposed compensation would not cover hepatitis B carriers who have not developed symptoms. The plaintiffs argue that the standards for recognizing people as hepatitis B sufferers are too severe.

The framework for the relief of hepatitis C sufferers was established in 2008. they were infected through the use of blood products and are estimated to number about 2,000. In contrast, it is estimated that some 473,000 people were infected with hepatitis B during mass vaccinations. In a lawsuit filed by five hepatitis B sufferers, the Supreme Court in 2006 held the state responsible for causing the infections through its failure to tell local governments to take preventive steps such as not sharing needles. it ordered the state to pay each plaintiff ¥5.5 million in compensation. since then, however, relief efforts have made no progress.

On Oct. 26 the Sapporo District Court asked the government to consider paying compensation to hepatitis B virus carriers regardless of whether they have exhibited symptoms or not. The government promised to consider the request. meanwhile, the plaintiffs continue to demand the same compensation that was given to hepatitis C sufferers. Both sides should strive to remain coolheaded so that they can reach a compromise.