What is product liability?
Product liability claims are increasingly common as technology and the law continue to develop. The principle underlying such claims stems from the tort of negligence, specifically that a manufacturer of a product bears liability for the safety of its end user. Take for example of the COVID-19 vaccines developed by pharmaceutical companies such as Pfizer, AstraZeneca and Moderna. The manufacturers are primarily liable for the safety of the product and they have a duty of care (as with any product) to the end user.
If a person, or company, has suffered damage as a result of using a product, they can consider bringing a claim for damages against the manufacturer. For example, if a person suffered serious side effects or injury or death as a result of taking a COVID-19 vaccine, then ordinarily they would be able to bring a claim against the manufacturer.
Claims under product liability can be brought under statute, negligence or as breach of contract. Initially imposed by the EU Product Liability Directive [85/374/EEC]. It remains under British law through the Consumer Protection Act 1987. Under section 2(1) of the Act. There is strict liability against a manufacturer for defective products that cause injury or damage to private property, including injury to a person (known as “personal injury”). Strict liability means a defendant is liable for committing an action (or inaction), regardless of whether they meant to or not. As such, a claim in product liability does not require proof that the manufacturer was negligent, but simply that the defective product caused the harm.
In the case of COVID-19 vaccines, a claimant would have to prove that they had suffered damage or serious side effects caused by the vaccine, for example through a diagnosis from their doctor or a medical expert.
The limitation period (the time in which a claimant must bring a claim) for personal injury and product liability claims is three years, which typically starts from injury or diagnosis. There is an ultimate “back-stop” date of 10 years. This means a claim cannot be brought more than 10 years after the product was first brought into circulation. In the case of COVID-19 vaccines, this may run from the date the vaccine was first released to the public.
Claims in product liability
Product liability claims are made against manufacturers of products. This includes against pharmaceutical companies. One particularly high-profile product liability case sees 3,500 claimants preparing to sue the American pharmaceutical firm Johnson & Johnson. These Claimants allege that Johnson & Johnson knew its talcum powder products, specifically baby powder, contained dangerous asbestos. These are products which can be linked to certain types of cancer. The Claimants allege that Johnson and Johnson were aware of this. Nevertheless they continued to sell the product and failed to warn consumers of the contamination until 2022. Claimants have come together under this group action, reporting injuries such as ovarian cancer, mesothelioma and peritoneal cancer.
Vaccine-induced injuries
In the post-pandemic era, product liability claims have surged following the nationwide rollout of COVID-19 vaccines. Following mass roll-out and distribution of these vaccines to the general public, there have been a number of well-publicised side effects which have adversely affected some people and caused them serious or permanent damage, disability and, in some cases, death. These include Thrombosis with Thrombocytopenia Syndrome (“TTS”) – also known as blood clotting – myocarditis and pericarditis (inflammation to the heart).
Numerous claims relating to vaccine-induced injuries have been filed against multiple major pharmaceutical companies including Moderna and Pfizer, but most notably AstraZeneca, with Claimants alleging the respective pharmaceutical company’s vaccine resulted in serious injury, and sometimes death. In April 2024, AstraZeneca accepted that its COVID-19 vaccine “can, in very rare cases, cause TTS”. Claimants are therefore seeking compensation and damages for suffering which they allege were caused by the vaccine, something which they were strongly encouraged to take by public health bodies and the UK Government during a global pandemic. In 2020, the UK Government agreed to indemnify vaccine manufacturers such as AstraZeneca, Pfizer and Moderna for any harm caused by their products.
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If you feel that you might be a victim of faulty product liability and are seeking legal advice, reach out to Taylor Hampton here for a free consultation. You can also contact us at any of the external social media and/or contacts provided at the top and bottom of our webpage.