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Product Liability

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Expertise

The team is enthusiastic with plenty of partner involvement and a great can-do attitude."
Chambers Europe

Matheson's Product Liability Group has extensive expertise in advising Irish and international companies, manufacturers, sellers, distributors and insurers, on all aspects of product liability and product safety law. Our experience ranges from defending litigation to advising on product recall and regulatory and compliance issues. We also advise on liability issues relating to business to business and consumer contracts.

The group is structured on a cross-departmental basis, drawing on dedicated professionals specialising in commercial litigation, corporate law, commercial contracts, life sciences, healthcare, intellectual property, projects, environmental law, energy and construction.

This cross-departmental approach means that our clients can access a wealth of expertise enabling us to provide them with tailored solutions across a wide range of issues.

We have specific expertise in the pharmaceutical, life sciences and healthcare industries, including labelling, product descriptions and compliance matters. We have advised on some of the most significant cases of this nature in Ireland in recent years. We specialise in sectors including FMCG, tobacco, food and drink, healthcare and pharma, technology, motor vehicle, aviation, construction and mechanical devices.

Our Team

Experience Highlights

Regulatory / Advisory

  • Advising a science centre global healthcare company on the HSE pricing agreement, legal compliance, Data Protection and labelling requirements for the supply of over-the-counter drugs in Ireland.
  • Advising pharmaceutical companies on Pharma Protocols including; review of data protection legislation, consent forms, transfer of data outside of the European Economic Area (EEA) and disclosure to medical practitioners.
  • Advising leading corporations on the regulatory framework regarding the manufacturing, control and supply of drugs.

Life Science and Healthcare

  • Representing a number of multinational pharmaceutical companies in product liability claims arising from the use of devices and products such as benzodiazepines and the MMR vaccine.
  • Representing a blood product manufacturer in respect of ongoing product liability litigation and regulatory hearings.
  • Advising on complex regulatory issues regarding the research, manufacture, marketing and distribution of pharmaceutical, biotech and related products.

Insurance

  • Acting on behalf of a leading insurance company in defence of High Court proceedings issued arising from property damage caused by a defective gate valve used in plumbing.
  • Acting on instructions from a leading insurer, in defence of personal injury proceedings issued against a supermarket arising from a defective food product.

Mechanical Devices

  • Acting for an international manufacturer of aircraft engines and defending proceedings arising from the alleged failure of an engine in connection with a plane crash.
  • Advising multinational motor vehicle companies on a range of product liability actions and product safety issues.

Environmental Building, Energy and Construction

  • Advising insurers on defective building and environmental products and property liability.
  • Advising a large corporate in relation to labelling of electrical devices in light of the introduction of the Waste Electrical and Electronic Equipment (WEEE) Directive (2002).

FMCG

  • Advising a major tobacco company in relation to ongoing regulatory issues and product liability actions
  • Advising in relation to the sale of foods with particular nutritional uses and other fitness and diet. supplements, to include PARNUTS (Foods for Particular Nutritional Uses) and supplements, such as diet pills.