title: An analysis of Australia's legal regime for imposing liability on manufacturers of pharmaceutical drugs.
abstract: Following a trial in June 2009 where the Federal Court heard submissions regarding whether Merck Sharpe and Dohme Australia should be held liable for an increased risk of cardiovascular conditions noted in patients who had taken the anti-inflammatory drug Vioxx, a judgment was handed down against MSDA in March 2010. MSDA then appealed to the Full Federal Court, where it was successful. A subsequent special leave to appeal application to the High Court of Australia was rejected in May 2012. This article examines the themes raised in the trial judgment and the appropriateness of Australia's statutory consumer protection regime through the lens of pharmaceutical drug injuries and side effects.
authors.forename: Mabel
authors.initials: M
authors.lastname: Tsui
mesh_terms: D001315:Australia; D004345:Drug Industry / Q000331:legislation & jurisprudence*; D006801:Humans; D016365:Liability, Legal; D056737:Safety-Based Drug Withdrawals / Q000331:legislation & jurisprudence*