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Defective health products: The nature of the causal link

Defective health products: The nature of the causal link

Published on : 06/12/2024 06 December Dec 12 2024
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Article 1245-8 of the French Civil Code provides that, in the field of extra-contractual liability for defective products, ‘the claimant must prove the damage, the defect and the causal link between the defect and the damage’.

The French Court of Cassation has once again been confronted with the issue of the causal link between the allegedly defective product and the damage suffered by the victim in relation to health products.

In this case, the Montpellier Court of Appeal held that the causal link had not been established because there was no scientific consensus on the possible effects of Levothyrox. The Court of Cassation rejected the Court of Appeal's reasoning and pointed out that proof of a causal link by presumption, i.e. serious, specific and concordant evidence, was sufficient.

Cour de cassation, civile, Chambre civile 1, 14 novembre 2024, 23-50.016, Publié au bulletin
 
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