Myelogram procedures using Myodil oil-based contrast dye

19 plaintiffs commenced separate proceedings against Glaxo Wellcome Australia Pty Ltd, claiming damages for personal injury (arachnoiditis) arising from the administration to them of an oil-based contrast dye known as Myodil in the course of a procedure known as a myelogram .

Burbery v Glaxo Wellcome Australia Pty Ltd [2015] NSWSC 820 dealt with an interlocutory application in that litigation regarding the timing of hearings regarding limitation issues, which arose as the relevant treatments arose as long as 43 years ago. The plaintiffs argued for determination of such issues at hearing; the defendant argued for a determination in advance of the final hearing.

At [71] the court was satisfied that the overriding purpose of the Civil Procedure Act, in its application in these cases, was best furthered by ordering that the limitation issues be considered separately and in advance of other issues.

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