Doctors liability for statements in manufacturers’ brochures

In Webster v Liddington [2014] EWCA Civ 560 the England & Wales Court of Appeal held that medical practitioners may be liable in damages for misrepresentation arising from false content of manufacturer’s literature provided to patients.

A summary of the decision is available on the Kings Chambers website, which explains:

The case involved a class action brought by over 50 claimants who alleged that they had been induced to undergo a course of innovative non-surgical cosmetic treatment known as Isolagen. The treatment involved the removal of cells from the patient, cultivating them in bovine calf serum and then re-injecting them into the patient’s face.  The manufacturer’s literature claimed that the process involved the reinjection of only the patient’s own cells.  In fact, there would be small quantities of bovine material.  

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