The claimant sought damages saying that the contraceptive pill dispensed by the defendant was not the one prescribed by her doctor, and that she had become pregnant and suffered the losses claimed namely care, expenses and loss of earnings flowing from the pregnancy and a period of post-natal psychosis. She appealed against rejection of her expert’s evidence suggesting an increased risk of pregnancy from the alternately supplied drug.
Held: The Court had ample evidence on which to base its rejection of the expert evidence that the drug dispensed was less effective.
Judges:
Waller LJ, Moses LJ, Hallett LJ
Citations:
[2008] EWCA Civ 1361
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Bonnington Castings Ltd v Wardlaw HL 1-Mar-1956
The injury of which the employee complained came from two sources, a pneumatic hammer, in respect of which the employers were not in breach of the relevant Regulations; and swing grinders, in respect of which they were in breach.
Held: It had . .
Cited – Sanderson v Hull CA 5-Nov-2008
Insufficient proof of cause of infection
The claimant worked as a turkey plucker. She caught an infection (campylobacter enteritis) at work, and the employer now appealed against a finding of liability. The employer said that the only necessary protection was regular washing of hands. The . .
Cited – Barker v Corus (UK) Plc HL 3-May-2006
The claimants sought damages after contracting meselothemia working for the defendants. The defendants argued that the claimants had possibly contracted the disease at any one or more different places. The Fairchild case set up an exception to the . .
Cited – Clough v First Choice Holidays and Flights Ltd CA 25-Jan-2006
The appellant broke his neck slipping from a wall in a swimming pool in Lanzarote. The wall was not coated with fully non-slip paint. At first instance the failure to use such paint was held negligent for the purpose of the contract between them and . .
Cited – Fairchild v Glenhaven Funeral Services Ltd and Others HL 20-Jun-2002
The claimants suffered mesothelioma after contact with asbestos while at work. Their employers pointed to several employments which might have given rise to the condition, saying it could not be clear which particular employment gave rise to the . .
Lists of cited by and citing cases may be incomplete.
Health Professions, Professional Negligence
Updated: 21 July 2022; Ref: scu.278985
