Our Law Firm has experience in handling issues related to product liability - that is, liability that may arise as a result of the marketing of a product dangerous to a patient in the European Union. Such liability may arise in certain situations, for example when, due to an abnormal clinical test, a patient develops undesirable side effects, or the product has a concealed manufacturing defect (e.g. lack of active ingredient or any other ingredient) and thus its use leads to health problems.
Currently, there is an increase in the number of unjustified claims, especially with regard to the use of vaccines. In the given area, the key in legal counselling is to develop appropriate communication methods with the patient and product claim management procedures, especially since in many cases patients' claims are of repeatable nature.
It is also extremely important to determine which entity in the distribution chain bears product liability (in accordance with EU law it is the manufacturer or importer of the drug to the EU). Claims of this kind should be distinguished from “ordinary” warranty/guarantee claims, which can be raised by the buyer (including a pharmacy's patient) against the seller. Such claims have different content, limitation periods and legal effects.