Chapter 18 Further Reading

Chapter 18 Further Reading

Product liability
  • Pamela Ferguson, ‘Liability for Pharmaceutical Products: A Critique of the Learned Intermediary Rule’ (1992) 12 OJLS 59.
Outlines the learned intermediary rule and argues that whilst warnings to the consumer in relation to non-prescription drugs may be appropriate, only full disclosure to the patient’s medical practitioner is adequate for prescription drugs.
  • Richard Goldberg , ‘ Paying for Bad Blood: Strict Product Liability after the Hepatitis C Litigation’ (2002) Med LR 165.
Looks in detail at A v National Blood Authority and engages with the reasoning of Burton J.
  • Mark Mildred, ‘Pitfalls in Product Liability’ [2007] JBL 141.

Looks at the history of product liability litigation in England, suggesting that evidential
problems in relation to causation and the existence of a defect are at the root, even
where liability is strict.

  • Christopher Newdick, ‘The Future of Negligence in Product Liability’ (1987) 103 LQR 288.

Provides background material on the EU Directive on Product Liability and outlines its provisions, though his prediction that it might open practitioners’ eyes to the possibilities of litigation appears to be misplaced—though perhaps almost all cases settle.

  • Peter Shears, ‘The EU Product Liability Directive—Twenty Years On ’ [2007] JBL 884.

Provides a fascinating survey of a range of English and European decisions on the
effect of the Product Liability Directive.

  • Simon Whittaker, ‘European Product Liability and Intellectual Products .’ (1989) 105 LQR 125.

Examines the concept of a ‘product’ with especial reference to intellectual property
referring to both European and American –sources.

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