To ask the Secretary of State for Health what compensation other than through civil action is available to families of somebody who had died from the effects of a particular drug when that drug has begun to show unexpected side-effects.
The question of whether compensation is payable depends on the detailed circumstances of the case. The means by which parties pursue issues between them either by discussion, negotiation, or litigation must also be determined by the circumstances. The Medicines Act 1968 makes no provision for compensation, being a measure aimed at providing safety, quality and efficacy of marketed medicines. Decisions made under the Act are based on the best possible scientific judgment on available information and are monitored carefully, but the possibility of unexpected side-effects cannot be totally excluded.
To ask the Secretary of State for Health if he plans to bring forward legislation which will allow a victim of a drug injury to claim compensation without having to prove negligence on the part of the manufacturer; and if he will make a statement.
Under the Consumer Protection Act 1987 any person injured by a defective product (including a medicinal one) may seek redress through the courts without having to prove negligence on the part of the manufacturer of that product.