An analysis of Australia's legal regime for imposing liability on manufacturers of pharmaceutical drugs

Tsui, Mabel (2014) An analysis of Australia's legal regime for imposing liability on manufacturers of pharmaceutical drugs. Journal of Law and Medicine, 21(3), pp. 700-716.

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Abstract

Following a trial in June 2009 where the Federal Court heard submissions regarding whether Merck Sharpe and Dohme Australia should be held liable for an increased risk of cardiovascular conditions noted in patients who had taken the anti-inflammatory drug Vioxx, a judgment was handed down against MSDA in March 2010. MSDA appealed to the Full Federal Court, where they were successful. Special leave to appeal to the High Court of Australia was rejected in May 2012. This article will examine the themes raised in the trial judgment and the appropriateness of Australia’s statutory consumer protection regime through the lens of pharmaceutical drug injuries and side effects.

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ID Code: 64535
Item Type: Journal Article
Refereed: Yes
Keywords: pharmaceuticals, product liability, Australian Consumer Law
ISSN: 1320-159X
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Commercial and Contract Law (180105)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Tort Law (180126)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Australian Centre for Health Law Research
Current > Schools > School of Law
Copyright Owner: Copyright 2014 Lawbook Company.
Deposited On: 17 Nov 2013 23:13
Last Modified: 11 Dec 2014 10:00

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