The Navajo Supreme Court will convene in 175 Knight Law Center today at 5 p.m. to hear oral arguments on a case involving the pharmaceutical company Pfizer and 16 members of the Navajo Nation and Zuni Pueblo.
Justices will decide whether the case, which alleges that one of Pfizer’s diabetes drugs caused liver damage among some tribal members, is appropriate for consideration by tribal courts.
The case will be heard by Acting Chief Justice Lorene Ferguson, Associate Justice Marcella King-Ben and Associate Justice by designation Leroy Bedonie. Robert Yazzie, the current chief justice of the Navajo Nation, will offer opening remarks.
Former law school dean and Professor Rennard Strickland said the court’s proceedings are similar to the Oregon Supreme Court’s procedures.
Strickland, who is also the editor of the “Handbook of Federal Indian Law” added that the Navajo Nation is recognized as a sovereign nation, and all the same rules that apply to state supreme courts also apply to a tribal court. A decision by the Navajo Supreme Court cannot be overruled by a state court, but it can be appealed to the U.S. Supreme Court.
Rosa Chavez, a member of the Native American Law Student Association, said attending a meeting of the Navajo Supreme Court would be similar to attending a meeting of the Canadian or European high courts.
“The chance to experience another nation’s supreme court is a once in a lifetime opportunity,” she said. “It is just a tremendous opportunity for cultural enrichment.” The case, Nelson v. Pfizer, originated in a Navajo District Court. It was dismissed before hearings began because Pfizer questioned the district court’s ability and authority to rule on a case involving off-reservation companies. The plaintiffs then appealed to the Navajo Supreme Court.
The Navajo Supreme Court must decide whether the issue can be resolved by a tribal court. If they rule that the case falls under tribal jurisdiction, the case will return to the district court to be heard. Otherwise, the case will be dismissed entirely.
The plaintiffs in the Nelson v. Pfizer case claim they sustained injuries from the
prescription drug Rezulin. Rezulin, known generically as troglitazone, was used for the treatment of type II diabetes. It was removed from the market in March 2000, after several people taking the medication experienced liver damage or liver failure.
According to Pfizer spokesman Bob Fauteux, there were 90 cases of liver failure recorded among 1.9 million people taking the drug.
“Those are all possible connections,” but they’re not probable, he said. “There is absolutely no scientific evidence.”
Fauteux added that Rezulin was withdrawn when the FDA approved two comparable drugs — Avandia and Actose — which offer similar benefits to Rezulin with less risk.
The hearing is free and will be open to the public. However, it is a formal proceeding and no one will be permitted to enter or leave the room once the hearing has begun.