Failure to warn – Odisho v Bonazzi

Odisho v Bonazzi [2014] VSCA 11 is a decision today of the Court of Appeal (Victoria) addressing the duty to warn of rare risks and related causation issues.

The Court did not find it necessary to reach a concluded view on breach of the duty to warn, as the appellant failed to establish on the balance of probabilities that she would have declined tranexamic acid (used as a treatment for heavy bleeding) if warned of the risk. Further, the appellant failed to prove on the balance of probabilities that her ingestion of tranexamic acid was a physical cause of her pulmonary emboli. On the evidence it was no more than possible that it played some part.

An application for special leave to appeal to the High Court was later dismissed on 15 October 2014. See [2014] HCASL 196.