DRUGS & PHARMACEUTICALS COMPENSATION CLAIM

Regulations concerning drugs and pharmaceutical products arise from EC law and from the Medicines Act 1968, which sets out guidelines regulating licencing for the creation, marketing, distribution, selling and supply of all drugs and pharmaceutical products to the major manufacturing plc corporations to ensure their products’ safety and quality.

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Before the launch of any drug or pharmaceutical product, the Medicines and Healthcare Products Regulatory Agency (MHRA) is the authoritative body in charge of ensuring the safety, quality and efficacy of pharmaceuticals, as well controlling all clinical trials, advertising, quality control and import supply. In the UK, the MHRA reports to Health and Agriculture Minister and not only regulates licensing of drugs and pharmaceutical products, but initiates action against manufacturers whose non-compliance has resulted in ill effects to consumers.

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Because many cases involving faulty drugs and pharmaceutical products affect large groups of individuals, a multi-party type of claim is often made on behalf of the group. Also known as a group litigation, this type of claim allows individuals who have suffered the same or similar damage or injury because of the same event to pool their information and resources together for a more efficient and cost-effective compensatory resolution.

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Since the Consumer Protection Act 1987, it is no longer necessary that a claimant, either as an individual or group, prove a manufacturer’s negligence in order to receive compensatory damages for injury resulting from their products, as long as the products were first made available after March 1, 1988. Separate litigation may also be sought under other laws to prove misrepresentation, breach of warranty, strict liability, negligence or improper care in warnings of known dangers.

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Funding a multiparty action can be extremely expensive however legal aid may be available in certain circumstances and solicitors will consider a no win no fee arrangement as a means of financing certain personal injury compensation claims. Clients can of course pay privately and there is always the possibility of funding from a trades union or cover under a policy of insurance but these latter three methods must be considered as unlikely scenarios.

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If you feel that you may be entitled to compensatory damages based on defective or substandard consumer goods, food products, bio-medical devices, drugs or pharmaceutical products, call us today on our helpline or submit the contact form for a completely risk-free, no obligation consultation with one of our experienced product liability claim solicitors.