Source: All England Reporter
Publisher Citation: [2002] All ER (D) 437 (Jul)
Neutral Citation: [2002] EWHC 1420 (QB)
Court: Queen's Bench Division

Mackay J

Representation Lord Brennan QC, Robin Oppenheim, William Edis and Richard Hermer (instructed by Houghton & Co and Leigh Day & Co) for the claimants.
  Michael Spencer QC, Michael Powers QC, Jonathon Waite QC and Erica Power (instructed by Arnold & Porter) for the first and third defendants.
  Nicholas Underhill QC, Philip Brook Smith QC, Philippa Hamilton (instructed by Beachcroft Wansbroughs) for the second defendants.
Judgment Dates: 29 July 2002


European Community - Consumer Protection - Product liability - Claimants taking third generation combined oral contraceptives - Claimants alleging products carrying an excess risk of venous-thrombulism - Whether third generation combined oral contraceptives carrying excess risk of venous-thromboemolism which was more than twice that carried by second generation combined oral contraceptives - Council Directive (EEC) 85/374.

The Case

In a group action against the manufacturers of a variety of third generation combined oral contraceptives brought by a number of claimants who alleged that they had suffered a variety of cardio-vascular injuries, which came under the description venous-thromboemolism, the court ruled that on the evidence the claimants had failed to establish that there was any increased risk of venous-thromboemolism carried by any of the third generation combined oral contraceptives supplied to them as compared with second generation products containing a product called Levonorgesterel, and as a consequence, the claim failed.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.