THE IMPACT OF PRODUCT LIABILITY LEGISLATION ON THE PROCUREMENT OF PHARMACEUTICALS WITHIN HPSS TRUSTS IN NORTHERN IRELAND
Ruth Fee and Jill Mairs
http://www.ippa.ws/IPPC1/BOOK/Chapter_15.pdf
extract -
A further indication of the consumer expectation approach in the European Union was evidenced by the case of Scholten v Foundation Sanquin of Blood Supply [1999] H/98.0896, County Court of Amsterdam. The claimant received an HIV infected blood transfusion from a donor. The Court held that the blood product was defective because the general public expected that blood products in the Netherlands had been one hundred per cent HIV free for some time. In contrast, the UK High Court has recently thrown out the case against Schering, Organon and Wyeth based on research finding in 1995 that the so-called third generation oral contraceptives (OC) posed a greater risk from venous thrombosis than the second generation (XYZ v Schering Health Care Ltd [2002] EWHC 1420 (QB). The court found, having carried out a "most exhaustive examination" that there was no such increased risk (PharmaLaw Newsletter, 2002). However, the OC case has not deterred new claims; for example, a firm of UK solicitors has set up the "Seroxat Users Group" for patients who receive the antidepressant alleging links between the product and suicide, addiction and aggression.
Copyright © 2005 by PrAcademics Press
Ruth Fee and Jill Mairs
http://www.ippa.ws/IPPC1/BOOK/Chapter_15.pdf
extract -
A further indication of the consumer expectation approach in the European Union was evidenced by the case of Scholten v Foundation Sanquin of Blood Supply [1999] H/98.0896, County Court of Amsterdam. The claimant received an HIV infected blood transfusion from a donor. The Court held that the blood product was defective because the general public expected that blood products in the Netherlands had been one hundred per cent HIV free for some time. In contrast, the UK High Court has recently thrown out the case against Schering, Organon and Wyeth based on research finding in 1995 that the so-called third generation oral contraceptives (OC) posed a greater risk from venous thrombosis than the second generation (XYZ v Schering Health Care Ltd [2002] EWHC 1420 (QB). The court found, having carried out a "most exhaustive examination" that there was no such increased risk (PharmaLaw Newsletter, 2002). However, the OC case has not deterred new claims; for example, a firm of UK solicitors has set up the "Seroxat Users Group" for patients who receive the antidepressant alleging links between the product and suicide, addiction and aggression.
Copyright © 2005 by PrAcademics Press
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