Case C-621/15, NW and Others v Sanofi Pasteur MSD and Others, Judgment of the Court of Justice (Second Chamber) of 21 June 2017, EU:C:2017:484. In this preliminary ruling, the Court of Justice, answering the French Supreme Court, ruled that Article 4 of Directive 85/374 on the approximation of the laws, regulations and administrative provisions concerning liability for defective products should be interpreted ‘as not precluding evidentiary rules based on presumptions according to which, where medical research neither establishes nor rules out the existence of a link between the administering of the vaccine and the occurrence of the victim’s disease, the existence of a causal link between the defect attributed to the vaccine and the damage suffered by the victim will always be considered to be established when certain predetermined causation-related factual evidence is presented’ …
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Estelle Brosset, Distinguishing between law and science in terms of causation and the hepatitis B vaccine: W v Sanofi Pasteur (2018) 55 Common Market Law Review, Issue 6, pp 1899-1915.
First posted 2018-12-08 08:09:09
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