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The control of pharmaceutical products derives mainly from EC law and the Medicines Act 1968 which provides for licenses for the manufacture, marketing, distribution, selling and supply of medicinal drug products to the major manufacturing corporations. The legislation provides a regulatory framework in respect of the safety, quality and efficacy of medicinal drug products to be sold or supplied or administered to patients. Prior to a pharmaceutical drug product going on sale the Medicines and Healthcare Products Regulatory Agency (MHRA) which is the licensing authority must be satisfied about the safety, efficacy and quality of the product. The MRHA also imposes controls on clinical trials, advertising claims, quality control and the supply of imports. The MHRA is accountable to Health and Agriculture Ministers in the UK and is required to monitor the safety of licensed medicinal products and to take action when adverse effects are recognised. Failure to comply with the legislation and the rules and regulations is both a civil wrong and a criminal offence and personal injury sustained by an indivdual may result in a drug compensation claim solicitor taking legal action for damages.

Group Legal Action or Class Action

Most court cases instigated by a drug compensation claim solicitor for damages as a result of injury caused by defective pharmaceutical drug products involve 'multi party action' also known as 'group legal action' or 'class action' which are effectively procedural arrangements that allow multiple claims to be litigated in court efficiently and involves a number of people with a similar injury caused in a similar way taking legal action for compensation. Individuals can pursue their own claim and do not have to join a group legal action however it is often the most economical and efficient method of making a defective pharmaceutical drug claim by effectively allowing a single judge to hear all complaints at the same time.

Consumer Protection Act

Following the introduction of the Consumer Protection Act in 1987 it is no longer necessary for a drug compensation claim solicitor to prove that a manufacturer of medicines was at fault and the necessity to prove negligence in order to claim damages is removed in respect of items first supplied after the 1st of March 1988. Group legal action can be taken under this Act. In addition legal action can also be taken under other law that may involve strict liability, negligence, breach of warranty, or misrepresentation. Legal action can also be taken for failure to provide warnings when knowledge of danger has become known.

Drug Compensation Claim Solicitors

If you have been injured by a defective pharmaceutical drug product then you may be able to claim damages from the manufacturers insurance company by taking group legal action. Our drug compensation claim solicitors operate the no win no fee* scheme otherwise known as a conditional fee agreement. No expenses or legal charge is payable unless the legal case is won and the client obtains an award of compensation. In the event that the legal claim alleging that injury was caused by a defective product is lost there is no charge made to the client.



*Legal Information

The author of the substantive medical writing on this website is Dr. Christine Traxler MD whose biography can be read here