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Hendersons - Barristers' Chambers
Articles Product Liability 24th Feb 2017

Defective medical devices

Elisabeth Schmitt v TÜV Rheinland LGA Products GmbH

In the latest development in the PIP breast implant litigation, the Court of Justice of the European Union (CJEU) on 16 February 2017 delivered a preliminary ruling in Case C-219/15 Elisabeth Schmitt v TÜV Rheinland LGA Products GmbH which confirms that the purpose of the role of a notified body under the Medical Products Directive 93/42 concerning Class III medical devices is to protect end users, and clarifies the obligations that arise in fulfilling that role, but ultimately bats the question of whether this gives rise to a direct liability to end users firmly back to the national courts.

Read the Alerter by James Palmer and Chloe Campbell here.

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