The claimant suffered injury after his artificial left hip, supplied by the defendants, fractured. Judges: Hickinbottom J Citations:  EWHC 3096 (QB) Links: Bailii Statutes: Consumer Protection Act 1987 3, EC Council Directive 93/42/EEC, Medical Devices Regulations 2002 Jurisdiction: England and Wales Professional Negligence, Personal Injury, Consumer Updated: 28 January 2022; Ref: scu.573398
The claimants manufactured a dental bleaching product. It contained hydrogen peroxide at levels in excess of the limit. It sought to distribute it under licence as a medical product on prescription. The defendant sought to control its distribution . .
Bodies set up to decide upon the regulation of medical devices did not have competence to decide whether an article was itself a medical device rather than a cosmetic. That issue is for the national courts. They could only decide upon the issues . .