Medical products and technology advancement have transformed healthcare, providing better ability to predict, manage and improve our health. But they also pose challenges and risks. Hazards can arise from product failures, software problems, cyber-attacks and poor network performance.

Our deep understanding of the emerging life sciences and medical device sectors means our team is well placed to provide specialist legal advice on pharmaceutical, nutraceutical and medical device product failures, recalls and subsequent claims. The team has extensive experience in defending claims against onshore and offshore manufacturers, testing laboratories, universities, suppliers, medical professionals and pharmacists.

This includes expertise in managing claims by individuals and recent device class actions, pharmaceuticals and clinical trials. Examples of our experience is set out below.

Recent work

Defending multiple proceedings against the Australian distributor of surgical glue in respect of injuries claimed to have been caused by unsuitability of the product for use in certain surgical procedures.

Defending a multi-national company against allegations that equipment supplied by it for use in surgery to deliver and monitor an anaesthetic failed, resulting in the patient having awareness of the surgical procedure.

Acting for a prosthetics company in defence of a claim that the company was under a duty to follow up on a patient’s government funding to ensure repairs to a prosthetic device were funded and undertaken promptly.

Advising a pharmaceutical company in relation to the manufacture of an anti-cancer product, including in relation to the extent to which a manufacturer of pharmaceutical products can rely on product information provided to an expert third party (i.e. doctors, hospitals etc).