Saturday, 6 February 2010

Mass Tort: Pharmaceutical Product Liability England

“Mass tort treatment of pharmaceutical product liability cases in England.

Defense Counsel Journal: July 01, 2006: Wilkinson, David: Copyright"

"II. Causes of Action/Remedies

There are three potential causes of actions in product liability cases. Product liability claims may be made under the Consumer Protection Act 1987 ("CPA"), in negligence, or in breach of contract.

A. Consumer Protection Act 1987 The CPA, which implements the Product Liability Directive 85/374/EEC (3) in the UK, imposes liability on the producer of defective products for damage caused by the defect. A "product" is defined as any good that includes "any natural or artificial substance." (4) A product is defective if, at the time of circulation, it is not as "safe as persons generally are entitled to expect," taking account of a number of factors including any instructions or warnings provided with the product and the manner in which it has been marketed. (5) A product cannot be deemed defective solely because an improved product has become available. Liability under the CPA is strict: it is not necessary to prove that the producer was at fault in causing the defect. Producers have strict liability for distributing a product that is "unreasonably dangerous," regardless of whether they are at fault. The claimant need only prove a defect and causal relationship between the defect and the injury; courts will distinguish between products that fail and defective products.”

Access my Library: Mass tort treatment pharmaceutical
It would appear the Seroxat litigation being brought under the CPA, is solely dependant on the personal expectation of the consumer on safety and withdrawal.

Although producers’ liability under the CPA is strict, successful litigation is not dependant on the producer being found at fault for causing the defect – therefore this case will hold no fault liability to GSK as the producer.

The lead solicitor Mark Harvey of Hugh James confirms the withdrawal and no fault criteria on his website.

“The seroxat group action claims which are being led by Hugh James are being pursued under the Consumer Protection Act (CPA) 1987. The CPA provides for a non-fault based liability if the product is found to be defective and to have caused injury as a result. The Claimants allege difficulties in withdrawing from the drug.”
Hugh James: Seroxat group action claim

No comments:

Post a Comment