Pharmaceutical products liability in the United Kingdom

Article type: Research Article

Authors: Goudkamp, James

Affiliations: University of Oxford, UK | E-mail: james.goudkamp@law.ox.ac.uk

Correspondence: [*] Corresponding author: University of Oxford, UK. E-mail: james.goudkamp@law.ox.ac.uk.

Abstract: This short article addresses a series of questions regarding pharmaceutical products liability in the United Kingdom. Issues in both the relevant substantive and procedural law are discussed. The overall picture that emerges is that claims for damage caused by pharmaceutical products are exceptionally challenging. This is due not only, in particular, to a general reluctance on the part of judges to find fault in the design of pharmaceutical products but also the exceptionally high cost of litigation in the United Kingdom.

Keywords: Product liability, pharmaceuticals, consumer protection, failure to warn, defences

DOI: 10.3233/PPL-180469

Journal: Pharmaceuticals Policy and Law, vol. 20, no. 1-4, pp. 115-129, 2018