• Anti depressant drug Seroxat: pharmaceutical claims
http://files.apil.org.uk/pdf/ConsultationDocuments/1016.pdf
Senior Master Turner required the claimants to deliver statements of case in five
individual actions rather than to allow generic pleadings which would examine the
issue of whether or not the drug was defective within the meaning of the Consumer
Protection Act. The claimants argued that the best way of dealing with the litigation
would be to determine whether the drug's propensity to cause a withdrawal reaction
could be said to be defective within the meaning of the Act and only after that had
been determined, to look at the individual cases. This was rejected: Master Turner
indicated that in a common law litigation must be dealt with by reference to individual
cases and case facts.
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