ACL has taken a case against the State and the producers of the vaccine (GlaxoSmithKline) for producing, approving, distributing and promoting a medicinal product they knew to be untested and dangerous relative to other flu vaccines on the market.
The litigation has been attracting some media attention of late as the “lead” case has now reached the Discovery stage and in July there will be a hearing in the High Court of the Plaintiff’s Motion for Discovery. This hearing will be the first time the key features of the case and the disputes between the parties will be presented to the court and it is also likely to be the last significant milestone in the process prior to setting the lead case down for a full hearing of the matter.
Some categories of documents have already been agreed with the State but others are resisted. These documents are relevant to the question of whether or not the public were adequately informed of the safety of the vaccine and availability of safer alternatives so as to allow them to make an informed decision on the vaccine they wished to use. The State denies certain documents are relevant to the case against them and furthermore deny they owed any duty of care to the public given the emergency situation they were presented with.
No categories of documents have been agreed with GlaxoSmithKline as of yet as they claim the request is too onerous to comply with.
Further details about Narcolepsy and our ongoing litigation can be found here:
If you have any further queries, please contact Michael Boylan, Partner and Head of Medical Negligence Group
20 June 2016